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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 November 5, 2009, the Defendant entered into an insurance contract in the annexed sheet that guarantees daily allowances for injury or disease as the insured person (hereinafter “instant insurance contract”).
B. The defendant from January 14, 2010 to the same year
1. Until October 30, 2014, a person was hospitalized for 908 days in total, up to 47 days until October 30, 2014, on the ground that he/she had received hospitalized treatment at the Gicheon Oriental Medical Hospital for 13 days at Gicheon University, Gicheon University.
C. The Defendant claimed insurance money under the insurance contract of this case against the Plaintiff on the ground of such hospitalization, and the Plaintiff paid the insurance money of KRW 45,800,000 in total.
The contents of the insurance contract that the Defendant subscribed to as the insured before and after the instant insurance contract and the details of receipt of the insurance money are as follows.
No. 30, 200, 200, 30-10, 205, 30-10, 205, 200, 30-10, 200, 30, 205, 30-10, 40, 200, 205, 30-10, 30, 205, 200, 205, 30, 205, 30, 40, 205, 200, 205, 30, 200, 205, 30, 200, 205, 200, 200, 140, 140, 40