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The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined.
1. An insurance contract is a continuous contract that exists during the insurance period as well as a continuous contract that continues to exist for a long time, and has a strong fiduciary relationship between the parties because there is a risk of moral hazard that requires the parties' ethical and good faith.
Therefore, when the trust relationship, which forms the basis of the contract, is destroyed due to unfair acts of one of the parties during the existence of the contract, and the other party is unable to expect the continued existence of the contract, the other party can terminate the contract by terminating it to the future.
In a case where the policyholder claimed or paid the insurance money for the cause of the payment of the hospitalized treatment, but it is found that the whole or part of the hospitalized treatment was not required, the insurer may terminate the insurance contract if, comprehensively taking into account such various circumstances as the circumstance of receiving the hospitalized treatment, whether he was hospitalized knowing that there was no need for the hospitalized treatment, the number of days of hospitalization without the necessity of the hospitalized treatment, the amount of the insurance money, claims or receipt frequency of the insurance money, circumstances relating to other insurance contracts to which the policyholder joined, or the manipulation of documents, etc., and if it is deemed that there is a serious reason for the policyholder to expect the continuation of the insurance contract due to the policyholder’s wrongful claim or receipt of the insurance money, and the said contract becomes void for
On the other hand, this right of termination is based on Article 2 of the Civil Code which provides the principle of good faith and is naturally premised on the relationship of insurance contract.
The insurer's exercise of the right to terminate the contract is not in violation of Article 663 of the Commercial Act or Article 9 (2) of the Regulation of Standardized Contracts Act.
(a) the insurer.