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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 7, 2010, the Plaintiff entered into the instant insurance contract with the Defendant and entered into an insurance contract with the Defendant as the insured as indicated in [Attachment 1] (“instant insurance contract” (hereinafter “instant insurance contract”).
B. The Defendant, after entering into the instant insurance contract, received hospital treatment for 252 days in total, as indicated in attached Form 2 “the details of payment of insurance proceeds” from November 16, 2010 to May 12, 2015, following the conclusion of the instant insurance contract. In relation thereto, the Defendant received hospital treatment for 16,180,098 won in total from the Plaintiff.
C. The Defendant’s conclusion of various insurance contracts and receipt of insurance proceeds from May 7, 2010 to July 18, 2017, the time of the conclusion of the instant insurance contracts, as shown in the “General List of Insurance Contracts” as shown in attached Table 3, as well as the instant insurance contracts. The Defendant concluded 31 insurance contracts with multiple insurance companies including the Plaintiff, including the instant insurance contracts, and most of them include as the content of ensuring injury (disaster) or disease per annum. The contract, the validity of which is maintained until the date of closing the argument of the instant case, is eight (6 cases in cases of insurance contracts where the Defendant is the insured among them), and the monthly insurance premium to be borne by the Defendant pursuant to the said 8 insurance contracts is the total amount of KRW 523,434,00,000 among the insurance contracts between November 16, 2010 to November 27, 2017.
[Ground of recognition] The fact that there is no dispute, Gap's evidence Nos. 1 through 18 (if there is a serial number, including a serial number; hereinafter the same shall apply), the result of the financial transaction information reply to the Korean Credit Information Institute, the result of the tax information inquiry by this court, the whole purport of the arguments and arguments.
2. The plaintiff's assertion
(a)the primary cause of the claim;