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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasons why the court should explain this part of the basic facts are the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The plaintiff's assertion that the defendant did not conclude the insurance contract of this case for pure risks to life, body, etc., but entered into the insurance contract of this case for the purpose of unjust acquisition of insurance money through multiple insurance contracts. Thus, the insurance contract of this case is null and void against good morals and other social order, and as long as the insurance contract of this case is null and void, the defendant is liable to return insurance
B. The defendant's assertion concluded the insurance contract of this case to cope with future risks, and in fact, the defendant was hospitalized normally according to the medical doctor's diagnosis due to disease, etc., and the defendant's economic situation also has sufficient to bear monthly insurance premiums. Thus, the plaintiff's assertion is unreasonable.
3. Determination
A. Where a policyholder concludes an insurance contract for the purpose of unjust acquisition of insurance money through a large number of insurance contracts, the payment of insurance money under an insurance contract concluded for this purpose would be in deviation from social reasonableness by encouraging speculative spirit to gain unjust profits through abuse of insurance contracts, and thereby impairing the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingencyness of risks, and causing the sacrifice of the large number of subscribers, thereby impairing the foundation of the insurance system. Thus, such an insurance contract shall be null and void against good morals and other social order under Article 103 of the Civil Act.
In addition, it is directly recognized whether a policyholder has concluded multiple insurance contracts for the purpose of unjust acquisition of insurance proceeds.