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1. The insurance contract concluded between the plaintiff and the defendant is invalid.
2. The defendant shall be the plaintiff.
Reasons
1. Basic facts
A. On March 21, 2008, the Plaintiff and the Defendant concluded an insurance contract in the attached Form stating that the Plaintiff shall pay insurance proceeds, such as KRW 20,000 per hospitalization day, medical expenses, etc. (hereinafter “instant insurance contract”).
B. After entering into the instant insurance contract from January 28, 2009 to March 3, 2015, the Defendant claimed insurance proceeds to the Defendant on the ground that he/she received the outpatient treatment for 1,028 days at the Gwangju German Hospital, Jeju Central Hospital, Jeju National Hospital, Cpsychotropic Medical Center, Gwangju National Hospital, and Maritime General Hospital, etc., and received the outpatient treatment for 12 days from October 9, 2009 to March 20, and from March 20, 2013.
From March 19, 2009 to March 24, 2015, the Plaintiff paid insurance proceeds of KRW 50,888,924 to the Defendant under the name of medical expenses, daily allowances for hospitalization, etc.
The detailed details are as shown in the attached Form No. 3.
C. On the other hand, the defendant concluded an insurance contract with other insurance companies that receives hospitalization daily allowances as insurance money in the event of an accident such as injury, disease, etc. as listed below.
No. 20,000 20,570,570,000 20,000 30,000,000 20,570,000 36,75,030,000,000 20,000,000 20,000,000,000 30,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,06,000,000,000,000,03,003,05,03,04,0