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1. The part of the judgment of the court of first instance against the defendant shall be revoked.
2. The plaintiff's claim as to the above cancellation part is dismissed.
Reasons
1. Basic facts
A. On June 18, 2009, on the part of the Defendant as the insured, the Defendant concluded an insurance contract with the content that subscribed to the Non-Distribution Han Plus Insurance 0904 (Purchase Design Number: B) (hereinafter “instant insurance contract”).
The instant insurance contract is a product that guarantees the payment of 16 major disease hospitalization expenses, general injury hospitalization expenses, disease hospitalization expenses, etc.
B. From July 2009 to September 2014, the Defendant received hospitalized treatment for a total of 886 days under the same name as that indicated in the attached Table, and accordingly, received insurance proceeds of KRW 69,596,463 from the Plaintiff.
C. Meanwhile, the Defendant entered into a contract with the Korea Life Insurance Co., Ltd. (hereinafter “Co., Ltd.”) on November 15, 1999 and concluded a contract with the Korea Life Insurance Co., Ltd. (hereinafter “Co., Ltd.”) for non-payment daily (63,700 won of monthly insurance premium) but did not conclude any other insurance contract. From 2006 to 2009, the Defendant entered into a total of five insurance contracts including the instant insurance contract, as listed in the following table, and the total monthly insurance premium under each insurance contract is KRW 336,250.
(1) The Defendant’s life insurance contract concluded on August 11, 2008, HGH5 health insurance and post office lifelong K insurance contract concluded on June 8, 2009 does not include the current status of termination of the contract). Whether the monthly insurance premium (cost) as of the insurance contract date is included in the daily amount of hospitalization insurance, 1 lot accident insurance, 300,300 47,149,423 days of hospitalization on December 8, 2006, 2000 47,149,423, 2000 67, 360, 606, 360, 606, 606, 360, 506, 506, 60, 506, 506, 60, 506, 65, 60, 605, 605, 606, 605, 605, 607, 64065, 7, 6065, 7, 60605, 60
(d) related lawsuits;