1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 12, 2010, the Plaintiff and the Defendant concluded an insurance contract in the attached Form (hereinafter “instant insurance contract”) with the Defendant that guarantees the amount of KRW 30,000 per day of hospitalization of disease with the insured as the Defendant.

B. From February 16, 2011 to April 15, 2015, the Defendant hospitalized 367 days in total and claimed insurance proceeds to the Plaintiff. The Plaintiff paid insurance proceeds of KRW 10,940,000 in total, including the daily amount of hospitalization.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 and 5 evidence (including additional number), 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, even if there is no evidence to directly recognize the conclusion of multiple insurance contracts for the purpose of illegally acquiring the insurance proceeds, the occupation and property status of the policyholder, the process of concluding multiple insurance contracts.