1. The plaintiff's claim is dismissed.

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

1. On January 28, 2010, the Plaintiff and the Defendant concluded an insurance contract with the Defendant as the insured on January 28, 2010, in the attached Form providing that the amount of KRW 30,000 per day of hospitalization for disease shall be guaranteed (hereinafter “instant insurance contract”).

② From August 17, 2010 to April 22, 2015, the Defendant hospitalized 364 days in total and claimed insurance proceeds to the Plaintiff. The Plaintiff paid KRW 42,884,816 in total as the daily amount of hospitalization.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant insurance contract was concluded by the Defendant for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts is null and void as acts contrary to good morals and social order stipulated in Article 103 of the Civil Act. The Defendant is obligated to return the insurance proceeds received from the Plaintiff as unjust enrichment.

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 by abusing the insurance contract, and also would undermine the purpose of the insurance system, such as reasonable diversification of risks, destroying the contingentness of risks, and causing the sacrifice of the large number of subscribers, thereby impairing the foundation of the insurance system. Thus, such insurance contract is null and void against good morals and other social order under Article 103 of the Civil Act.

On the other hand, even if there is no evidence to directly recognize that the policyholder has concluded multiple insurance contracts for the purpose of illegally acquiring the insurance proceeds, the occupation and property status of the policyholder, the process of concluding multiple insurance contracts.