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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 9, 2008, the Defendant concluded an insurance contract with the Plaintiff and the Defendant as the contractor and the insured, and where the insured received hospitalized treatment due to an injury or disease, an insurance contract with the content of receiving the daily allowances for hospitalization from the Plaintiff (hereinafter “instant insurance contract”).
B. From November 20, 2009 to December 3, 2009, the Defendant received hospitalized treatment from the right-free knee in the B-type department for 14 days, as shown in attached Table 2, from that time to March 24, 2017. The Defendant received hospital treatment for 426 days in total, and received KRW 56,531,782 from the Plaintiff as insurance money under the instant insurance contract.
C. Meanwhile, before and after the conclusion of the instant insurance contract, the insurance contract concluded between the insurance company including the Plaintiff and the Defendant as the insured, and the premiums and the days of hospitalization paid accordingly are as listed in the following table.
D. 1. 2. insurance contract Nos. 17, 10. 2. 01 monthly insurance premium of 0. 2. 8, 199. 12. 1, 199. 2. 30, 20, 30, 30, 200 non-life insurance (16. 3. 12. 2. 10. 10. 30, 208, 200, 30. 30, 206, 40. 10. 2. 30, 206, 30, 200, 40. 8. 10, 206, 30, 200, 6. 30, 40, 200, 200, 306, 50, 306, 204, 306, 306, 200, 36. 36. 3