1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. The defendant is a plaintiff's insurance solicitor.

B. On November 6, 2009, the Defendant entered into an insurance contract with the Plaintiff listed in the separate sheet (hereinafter “instant insurance contract”). From January 6, 2011 to March 14, 2015, the Defendant received hospital treatment for acute engine salt, crypitis, crypitis, the left-hand-hand collision, and ex post facto collision, etc., and received insurance proceeds worth KRW 41,179,985 in total from the Plaintiff under the instant insurance contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 7, the purport of the whole pleadings

2. From around 2004, the Defendant, which caused the instant claim, concluded an insurance contract with the Plaintiff and another insurance company, which is 15 or more guaranteed insurance cases, including the instant insurance contract, and received large amounts of insurance proceeds from many insurance companies after having received hospitalized treatment continuously and repeatedly due to a disease for which hospital treatment is unnecessary.

This is an invalid contract in violation of Article 103 of the Civil Act where a number of insurance contracts were concluded for the purpose of illegally acquiring insurance proceeds through multiple insurance contracts, and thus, the Plaintiff seeks confirmation of invalidity of the insurance contract of this case, and further seek reimbursement of the total insurance proceeds paid by the Plaintiff to the Defendant under the insurance contract of this case, which is null and void as mentioned above, 41,179,

3. As to the invalidity of the instant insurance contract, we examine whether there was the purpose of unjust acquisition of insurance money to the Defendant at the time of conclusion of the instant insurance contract.

Where a policyholder concludes an insurance contract for the purpose of unjust acquisition of insurance proceeds through a large number of insurance contracts, the payment of insurance proceeds under an insurance contract concluded for this purpose will not only be in excess of social reasonableness by promoting speculative spirit to gain unjust profits by abusing the insurance contract, but also reasonable.