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1. The plaintiff's appeal is dismissed.
2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.
Reasons
1. The reasoning for the court's explanation of this case is as follows: "Indication of an insurance contract in attached Form 1" in attached Form 5 of Chapter 2 of the judgment of the first instance shall be as "attached Form 1 Insurance Contract List"; "469,338,617 won" in Part 6 shall be as "469,38,617 won"; and "469,38,617 won" in Part 6 shall be as "469,38,617 won"; and as for the preliminary claim added by the plaintiff in the trial of the first instance, the reasoning for the judgment of the first instance shall be stated in the reasoning of the judgment,
2. Judgment on the preliminary claim (matters to be judged additionally);
A. Even though the Plaintiff’s claim insurance contract does not become null and void, 37,080,000 won paid for the number of hospitalization days exceeding the reasonable number of hospitalization days out of the insurance money that the Defendant received, and thus, the Defendant is obligated to return it to the Plaintiff.
B. In full view of the purport of Gap evidence No. 1, Eul evidence No. 5-9, Eul evidence No. 18, and the whole arguments, the plaintiff entered into the insurance contract of this case with the defendant on January 18, 2005 with the content of paying hospital allowances, etc., the defendant entered into a hospitalization contract of this case on 52 occasions as shown in the separate 3 days list from February 16, 2005 to July 24, 2012. The defendant entered the hospitalization over 52 times as shown in the separate 3 days list. As for the remaining days of hospitalization except for the number of days indicated in the "regular days of hospitalization" column in the separate 3 days list during the period of hospitalization, the defendant was hospitalized even if there was no need to receive hospital treatment, and as to the above part of the insurance money that was hospitalized by the plaintiff in excess of the proper days of hospitalization as stated in the separate 4 days list, it can be acknowledged that the defendant received KRW 37,008,00 as the insurance money column.
Therefore, as seen above, the Defendant received a total of KRW 37,080,000 from the Plaintiff for the hospitalized part in excess of the pertinent hospitalization days, without any legal cause.