The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. On September 5, 2006, the Plaintiff entered into a C insurance contract with the Defendant for the insured and the beneficiary (hereinafter “instant insurance contract”).

B. The Defendant received the insurance money totaling KRW 25,281,047 from November 5, 2008 to November 18, 201, under the name of “malphical signboard disability accompanied by the nephal ppuri disease certificate” and received hospital treatment for 14 days from H Hospital to November 201, 208, under the name of the diagnosis, such as “scopical signboard escape certificate, scopical scopical scopical scopical scopical scopical scopical scopical scopical scopical scopical scopical scopical scoppy,” and received the insurance money totaling KRW 25,281,047, as indicated in the attached Table (hereinafter “each of the instant hospital”).

C. Meanwhile, on the other hand, the defendant was investigated into the criminal facts (including the facts of hospitalized treatment in this case) that he/she received the insurance proceeds of KRW 157,049,638 by being hospitalized in spite of the fact that he/she had not suffered an injury to the extent of being hospitalized from October 12, 2006 to November 28, 201, and on August 28, 2015, the horizontal Housing Site Office of the Suwon District Prosecutors' Office rendered a disposition of suspension of indictment (No. 7502) against the defendant on August 28, 2015, taking into account the following: “The fact that the defendant is suspected, but he/she is aware of the suspected fact, but the suspect actually has a disease, such as a humbrosis, and some days of treatment are deemed appropriate, and the number of days of medical treatment is not reoffending in the future.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. Determination on the cause of the claim

A. The Defendant alleged the Plaintiff’s assertion filed a claim for the payment of the insurance money for each of the instant hospitalized treatments with the intention to obtain insurance money, and that corresponding amount received KRW 25,281,047 from the Plaintiff.

Insurance money corresponding to the reasonable number of days of hospitalization for each of the instant hospitalization cases is KRW 5,800,00 as shown in the attached Table [Attachment sheet], and the Defendant is in relation to each of the instant hospitalization cases, and the above difference is 19,481.