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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 25, 2007, the Defendant concluded an insurance contract with Green Damage Insurance Co., Ltd. as indicated in the separate sheet No. 1 (hereinafter “instant insurance contract”). The main coverage is general injury, temporary living expenses, hospitalization expenses, 16 major diseases, hospitalization allowances for women-only diseases, etc.
B. On May 3, 2013, the Plaintiff acquired the instant insurance contract from the said company according to the FSC’s decision on contract transfer.
C. After the conclusion of the instant insurance contract, from February 14, 2009 to August 25, 2016, the Defendant received hospital, clinic, and oriental medicine hospital, and received from the Plaintiff KRW 91,98,197, including the daily amount of hospitalization for disease, etc., on a total of 501 days, due to chronic chrone, confise escape, spine febrate, kneeiosis, kneeiosis, and knebag, etc.
Meanwhile, the Defendant, including the instant insurance contract, concluded a total of 22 insurance contracts with the Defendant as the insured, but partly invalidated, maintains 11 insurance contracts as indicated in the attached Table 2, and the monthly payment premium is total of 308,330 won including the instant insurance contract.
[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Judgment as to the main claim
A. The plaintiff's assertion that the insurance contract of this case was concluded for the purpose of unfairly acquiring insurance money, and is null and void in violation of the good customs and other social order stipulated in Article 103 of the Civil Code.
In addition, the Defendant received the insurance money of KRW 91,98,197 from the Plaintiff based on an invalid insurance contract, and thus, sought the return from the Defendant.
B. Where the policyholder concludes an insurance contract with a view to unlawfully acquiring insurance proceeds through a large number of insurance contracts, it is necessary to require the policyholder to pay insurance proceeds under the insurance contract concluded for this purpose.