1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. Whether the claim for nullification of the insurance contract is legitimate or not, the plaintiff asserts that the insurance contract entered into with the defendant (hereinafter “instant insurance contract”) violates Article 103 of the Civil Code and is null and void, and seeks confirmation. The above part of the claim is legitimate.

A suit for confirmation is an effective and appropriate means of dispute resolution, and there is a benefit of confirmation, and even though it is possible to bring a suit for performance, which is a direct means of dispute resolution, the claim for confirmation of existence of the claim for performance itself does not have a benefit of confirmation.

(2) In the case of this case, the Plaintiff’s claim for the confirmation of invalidity of the insurance contract of this case against the Defendant does not have any benefit of confirmation, since the Plaintiff’s claim for the confirmation of invalidity of the insurance contract of this case is unlawful, in order to resolve the right under the insurance contract of this case, the Plaintiff’s claim for the return of the insurance money paid to the Defendant on the ground of invalidity of the insurance contract of this case, and as seen below, the Plaintiff demanded the return of the insurance money on the ground of invalidity of the insurance contract of this case.

2. Determination on the claim for restitution of unjust enrichment

A. Basic facts 1) The Defendant’s wife B as the insured on February 10, 2010 between the Plaintiff and the Plaintiff, an insurance company, and entered into the instant insurance contract with the content that guarantees that the Defendant would pay KRW 30,000 per date of hospitalization in the event of injury or disease, and that the Defendant would pay nursing expenses and medical treatment expenses. (2) On May 9, 2010, the Defendant continued to participate in and participate in the sports games held at the same time as the same time and sustained injury, such as the left-hand sloaks, sloaks, sloaks, and sloaks, and suffered injury, and on October 1, 2010 from May 11, 2010.