1. It is confirmed that the insurance contract entered in the separate sheet No. 1 signed between the Plaintiff and the Defendant was terminated on August 17, 2018.

1. Basic facts

A. On December 4, 2008, the Plaintiff is an insurer who entered into an insurance contract with the Defendant listed in the separate sheet No. 1 (hereinafter “instant insurance contract”) and the Defendant is the policyholder and the insured of the instant insurance contract.

나. 피고는 무릎뼈의 연골연화증, 한쪽일차성 무릎관절증, 근육둘레띠의 손상, 뇌경핵후유증 등을 이유로 2008. 12. 17. 입원치료를 한 것을 시작으로 2015. 10. 6.까지 1102일간을 입원하면서 수시로 원고에게 입원치료 관련 보험금을 청구하였고, 이에 원고가 피고에게 지급한 총 보험금은 37,049,268원이다.

C. The case where the Defendant voluntarily departs from the hospital during the above hospitalization period or took sick rooms is as shown in the attached Table 2, and the Plaintiff paid a total of KRW 3,496,000 to the Defendant in relation to the above hospitalization.

Meanwhile, the insurance details purchased by the Defendant before and after the conclusion of the instant insurance contract are as shown in the attached Table 3.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 10, 18, 19, 20, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion 1) In the first place, the Defendant subscribed to multiple insurance with similar collateral, and repeated long-term hospitalized treatment, and concluded the instant insurance contract with the Plaintiff and other insurers, and received hospital treatment for a long time and repeatedly due to symptoms capable of hospital treatment, and there was no financial capability to maintain multiple insurance contracts. In other words, the Defendant should be deemed to have the purpose of unfairly acquiring insurance proceeds at the time of entering into the instant insurance contract. Accordingly, the instant insurance contract is null and void pursuant to Article 103 of the Civil Act, and the Defendant is obliged to pay 37,049,268 won, the total amount of the insurance proceeds received under the instant insurance contract, as unjust enrichment, and delay damages therefrom, to the Plaintiff. 2)