1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 2 and 3 may be admitted by integrating the whole purport of the pleadings.

On January 28, 2010, the Defendant concluded the instant insurance contract with the Plaintiff as the Defendant.

B. On July 14, 2010, the Defendant received hospitalized treatment for a total of 219 days, as shown in the attached Table 2, as well as for having received hospitalized treatment for 22 days due to a mixed mixous marosis, etc. on October 7, 2015, and received KRW 27,040,000 in total from the Plaintiff upon filing a claim for insurance proceeds under the instant insurance contract.

2. Judgment on the plaintiff's assertion

A. The summary of the Plaintiff’s assertion does not have any particular income, the Defendant subscribed to a large number of guaranteed insurance contracts sold by many insurance companies including entering into the instant insurance contract with the Plaintiff, paid a large amount of premiums, received unnecessary hospitalized treatment, and thus, the Defendant entered into the instant insurance contract for the purpose of unfairly acquiring insurance proceeds. Therefore, the instant insurance contract is null and void in violation of good morals and other social order under Article 103 of the Civil Act. Accordingly, the Defendant is obliged to pay the Plaintiff the amount of KRW 27,040,000 equivalent to the insurance money that the Defendant received from the Plaintiff according to the instant insurance contract with unjust enrichment return, and the Defendant is obliged to pay

B. Where a policyholder concludes an insurance contract with a view to illegally acquiring insurance proceeds through a large number of insurance contracts, the payment of insurance proceeds under such insurance contract would be in deviation from the social reasonableness by inducing speculative spirit to gain unjust profits by abusing the insurance contract, as well as impairing the purpose of the insurance system, i.e., reasonable diversification of risks, and the occurrence of risks.