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

Purport of claim and appeal

Judgment of the first instance.

The judgment of the court of first instance dismissed both the primary claim and the conjunctive claim, and the plaintiff appealed only to the conjunctive claim, so this court's judgment is limited to the above conjunctive claim.

Facts of recognition

The reasoning for this part of the court's explanation is the same as that for the corresponding part of the judgment of the court of first instance, and thus, this part of the court's explanation is cited as it includes the attached Form in accordance with the main sentence

Although the plaintiff's assertion that the insurance contract of this case is not invalid, even if the insurance contract of this case is not invalid, the defendant took advantage of the defendant's hospitalization without any legal ground.

However, the insurance money paid by the Plaintiff to the Defendant on the ground of hospitalization is KRW 39,042,672 as shown in the attached Table 4, and the Defendant’s adequate hospitalization period is 27 days, and the insurance money for this period is 810,000 won (=30,000 won x 27 days). Thus, the Defendant is obligated to return to the Plaintiff the amount of KRW 38,232,672, which is the difference between the insurance money paid and the adequate insurance money (=the above KRW 39,042,672 - the above KRW 810,000).

Judgment

Comprehensively taking account of the following circumstances revealed by the facts and evidence acknowledged earlier, it is insufficient to recognize that the Defendant obtained the insurance money unfairly by receiving excessive treatment despite the need for hospitalization, and that is otherwise recognized.