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

C On September 19, 2007, the Co., Ltd. (hereinafter “C”) entered into an insurance contract with the Defendant (hereinafter “instant insurance contract”).

B. On May 3, 2013, the Plaintiff acquired the status of insurer of the instant insurance contract from C pursuant to a decision to transfer a contract under Article 14(2) of the Act on the Structural Improvement of the Financial Industry.

(hereinafter referred to as “Plaintiffs” in both C and C).

From November 25, 2008 to January 26, 2015 after the conclusion of the instant insurance contract, the Defendant hospitalized a total of 342 days as shown in the attached Table 2, as the cause of the instant insurance accident under the instant insurance contract, and received insurance money of KRW 21,51,033 (general injury, provisional living expenses, disease hospitalization expenses, etc.) from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 16 (including each number in the case of a serial number; hereinafter the same shall apply), summary of the plaintiff's assertion of the purport of the whole pleadings, the defendant concluded the insurance contract of this case for the purpose of unfairly acquiring insurance money, and thus the insurance contract of this case is null and void in violation of Article 103 of the Civil Code

In addition, the defendant should return the insurance money received from the plaintiff in accordance with the insurance contract of this case that is null and void to the plaintiff as unjust enrichment.

Preliminaryly, the Defendant was hospitalized for at least 110 days, as shown in the attached Table 3, even if there is no need to be hospitalized or it is possible to receive hospital treatment.

Since the trust relationship, which forms the basis of the instant insurance contract, was destroyed due to the Defendant’s false and excessive hospitalization, and thus it was difficult to maintain the instant insurance contract as it is, the Plaintiff terminated the instant insurance contract by serving a written application for modification of the purport of the instant claim and the cause of the claim, and sought confirmation therefrom.

In addition, the defendant received unnecessary hospital treatment for 110 days, and received insurance money from the plaintiff, general injury, temporary living expenses, and hospitalization expenses for diseases.