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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 7, 2009, the Plaintiff entered into an insurance contract with the Defendant, which covers the payment of the purchase amount of insurance and the payment of the purchase amount of injury when the Plaintiff received treatment by hospitalized in a hospital or a council member due to injury (hereinafter “instant insurance contract”).
B. On March 23, 2009, the Defendant was hospitalized in 37 medical institutions until July 17, 2014, as indicated in the separate list of hospitalization, and was hospitalized for a total of 856 days until July 17, 2014. The Plaintiff paid KRW 44,93,578 to the Defendant in accordance with the instant insurance contract.
C. The guaranteed insurance contracts that the Defendant concluded with the insurance company including the Plaintiff and the Defendant before and after the conclusion of the instant insurance contract, and the premiums, daily allowances for hospitalization, etc. paid therefrom are indicated in the following table:
5. List: 30. Insurance Contract No. 140. 7. 20. 30. 40. 130. 144, 10. 7. 14,200, 10. 20. 30. 8. 35,00,000 Franc 20. 13. 13. 13,000 Franc 20. 30,000 Franc 13. 13. 13, 200,000 Franc 13. 20,000 Franc 13. 13, 200,000 Franc 20,000 Flac 35,000,000 30,000,000 Franc 13. 13, 209,000 Franc 27,201.