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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 2, 2009, the Plaintiff entered into an insurance contract in the attached Form 1 (hereinafter “instant insurance contract”) with the Defendant, which contains the content that guarantees KRW 30,000 per day when the Plaintiff was injured or hospitalized as the insured.
B. The defendant from April 30, 2009 to the same year
5. From June 27, 2016, the Plaintiff received hospitalized treatment for a total of 329 days between 329 days and June 29, 2016, as well as receiving KRW 15,080,000 insurance money from the Plaintiff during the period from June 12, 2009 to June 29, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Defendant asserted that the instant insurance contract was concluded for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts, and thus, the instant insurance contract is null and void in violation of Article 103 of the Civil Act.
Therefore, the Defendant is obligated to refund the amount equivalent to the insurance money received according to the instant insurance contract to the Plaintiff as unjust enrichment.
B. 1) The current status of the insurance contract concluded before and after the instant insurance contract as the insured is as listed below. The insured company's monthly insurance premium (won) insurance proceeds for the insurance product name of the first insurance company and the payment of insurance proceeds for the payment of the first school life insurance premium (10,000 won per day) shall be 350,000 won (10,000 won per day) and 3.50,000 won for the safety of non-distribution of life-long life-long (Guarantee) 39,520 on February 39, 199 (10,000 won per day) 14,780,000 won (10,000 won per day) and 2.3 million won on April 13, 2007 (200,0000 won on January 14, 2007), the individual life-long savings (200,000 won on December 14, 2007) disease of 17