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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 December 18, 2007, the Plaintiff concluded an insurance contract (hereinafter “instant insurance contract”) in attached Form 1, which contains the content that guarantees daily allowances when hospitalized as the insured by having the Defendant as the insured.
B. From June 7, 2011 to December 10, 201 of the same month, the Defendant received hospitalized treatment for 56 days in total, including having received hospitalized treatment from B Hospital as “free gold,” and received KRW 26,34,750 from the Plaintiff during the period from June 28, 201 to December 10, 2014.
[Ground of recognition] Facts without dispute, Gap 1 evidence, Gap 2 evidence, purport of 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. The status of the insurance contract before and after the insurance contract of this case as the insured is as listed below. The insurance contract of this case is classified as follows. The insurance company's monthly insurance premium (won) insurance premium for insurance product name and termination of the insurance product name of Samsung F&M 139,760 disease (one day 20,000 won) (one day 21 December 21, 207), termination (30,000 won) of Samsung F&M 230,000 won (one day 30,000,000 won) for 130,000 won (one day 206,000 won) for Samsung F&M 130,000 won (one day 20,000 won) for 30,000 won (one day 20,0000 won) for 230,000 won (one day 20,000 won) for 130,000 won or more for 264GM 14,25314,5307