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1. Revocation of the first instance judgment.
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. Basic facts
A. On October 7, 2008, the Plaintiff entered into an insurance contract with Defendant A (former name: B) as “A: Provided, That the Plaintiff changed the contractor on February 7, 2014, as indicated in the attached Table 1 (hereinafter “instant insurance contract”), and the Defendant C, a beneficiary of death and death on August 7, 2014, respectively.
B. The instant insurance contract includes: (a) 30,000 won per day of hospitalization within the limit of 180 days where Defendant A received hospitalized treatment due to injury; and (b) 30,000 won per day of hospitalization within the limit of 180 days where Defendant A received hospitalized treatment due to disease.
C. Defendant A was hospitalized for 27 days during the period from December 5, 2008 to December 31, 2008, and was hospitalized for 1,217 days in total as shown in the attached Form (2) from March 11, 2016. Defendant A received KRW 49,437,986 from the Plaintiff during the period from January 8, 2009 to July 22, 2014, and Defendant C received KRW 3,470,000 insurance money from September 17, 2014 to December 30, 2014, respectively.
The Defendants concluded between June 16, 2006 and April 3, 2013, with Defendant A as the insured, an insurance contract, the content and nature of which are similar to that of the instant insurance contract as listed in the following table 1. Accordingly, the Defendants received total KRW 165,659,452 from the insurance company, including the insurance money received from the Plaintiff.
[1] Serial 1 Insurance Co., Ltd. (Non-AI) AI 1 insurance proceeds (won) insurance for the monthly insurance premium (cost) 10,590 injury 10,000 won 20,000 won - 43,220,000 won - 220,000 won - 18,40 injury 10,000 won - 38,110,000 won - 38,110,000 won - 10,000 won - 10,000 won - 10,000 won - 38,110,003 lot damage insurance (OW-MUPPP flus Policy on June 34, 2008; - 330,000 won - the Korean Saemaul Association - 4 injury - the National Association - the National Association may suffer from injury - the disease 1008,9.7.30