1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning for the court’s explanation of this part of the underlying facts is the same as that of the relevant part of the judgment of the first instance (including attached Form 2), and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. The parties' assertion

A. The summary of the plaintiff's assertion is that the defendant entered into the insurance contract of this case for the purpose of unjust acquisition of insurance money through multiple insurance contracts, so the insurance contract of this case is null and void against good morals and other social order. Accordingly, the defendant is liable to return the insurance money received from the plaintiff under the insurance contract

나. 피고 주장의 요지 피고가 가입한 대부분의 보험은 적립보험금을 포함하고 있거나 적립을 목적으로 가입한 보험인 점, 피고가 이 사건 보험계약 체결 당시 신문판매영업으로 보험료를 납부할 수 있는 충분한 소득이 있었던 점, 피고는 의사의 진단과 처방에 따라 입원치료를 받아야 할 정도로 건강상태가 실제로 나빴던 점, 보험설계사의 권유에 따라 보험에 가입하였던 점 등을 종합하면, 이 사건 보험계약은 보험금을 부정하게 취득할 목적으로 체결된 것이라고 할 수 없다.

3. Determination

A. Where ratification of the purpose of unjust acquisition of insurance proceeds and indirect policy holders with an intention to illegally acquire insurance proceeds through multiple insurance contracts, the fact that insurance proceeds are to be paid pursuant to an insurance contract concluded for such purpose would not only lead to deviation from social reasonableness by encouraging speculative spirit to gain unjust profits through abuse of insurance contracts, but also would undermine the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingencyness of risks, and causing the sacrifice of many subscribers, thereby impairing the foundation of the insurance system.