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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 25, 2010, Defendant B entered into the instant insurance contract between the Plaintiff and Defendant B as the contractor and the insured, and thereafter, on December 23, 2013, the name of the contractor of the instant insurance contract was changed from Defendant B to Defendant A.
B. Defendant B received the insurance money of Defendant B, as indicated in the attached Table 2, received the hospitalized treatment for 9 days from May 4, 2010 to May 12, 2010 under the name of the disease, such as catitis, etc., from C Hospital, as well as received the hospitalized treatment for a total of 603 days from that time until May 7, 2014, and received KRW 37,90,416 from the Plaintiff according to the instant insurance contract.
C. Defendant B, including the details of the conclusion of the instant insurance contract, concluded a total of six insurance contracts between March 25, 2010 to September 28, 201, as indicated in the attached Table 3 as the insured, as between March 25, 2010 and September 28, 2011. Accordingly, the monthly insurance premium to be paid by Defendant B was KRW 373,375 as of September 28, 201.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 and 10 (including the number with each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Defendant B, the cause of the Plaintiff’s claim, concluded five collective insurance contracts including the instant insurance contract from March 25, 2010 to March 30, 2010, on which he/she was the insured, even though there was no reason to double purchase of a large number of guaranteed insurance policies. On September 28, 2011, Defendant B concluded one additional insurance contract with himself/herself as the insured.
Accordingly, the monthly insurance premium to be paid by Defendant B was 373,375 won, and at the time, Defendant B did not have economic ability to pay the above insurance premium.
Defendant B received hospital treatment for a total of 603 days from May 4, 2010 to May 7, 2014, notwithstanding no need for long-term hospital treatment.