1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 30, 2010, the Plaintiff and the Defendant concluded an insurance contract in the attached Form that guarantees the amount of KRW 30,000 per day of disease and injury hospitalization with the Defendant as the Defendant (hereinafter “instant insurance contract”).

B. The Defendant was hospitalized from August 5, 2010 to August 25, 2010, and received KRW 630,000 from the Plaintiff, and was hospitalized for 279 days from that time to January 7, 2015, and received KRW 8,130,000 in total from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 4, the purport of the whole pleadings

2. The plaintiff's assertion that the insurance contract of this case is concluded by the defendant for the purpose of unfairly acquiring insurance money through multiple insurance contracts, and is null and void against good morals and other social order stipulated in Article 103 of the Civil Act. The defendant is liable to return the above insurance money received from the plaintiff as unjust enrichment

3. Determination

A. In a case where a policyholder concludes an insurance contract for the purpose of unfairly acquiring insurance money through a large number of insurance contracts, the payment of insurance money under an insurance contract concluded for such purpose would be in deviation from social reasonableness by encouraging speculative spirit to gain unjust profits by abusing the insurance contract, and also would undermine the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingentness of risks, and causing the sacrifice of the large number of subscribers, thereby impairing the foundation of the insurance system. Thus, such insurance contract shall be null and void against good morals and other social order under Article 103 of the Civil Act.

On the other hand, whether a policyholder has concluded multiple insurance contracts for the purpose of illegally acquiring the insurance proceeds, even if there is no evidence to directly recognize it, the policyholder's occupation and financial status.