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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 January 17, 2008, the Defendant concluded an insurance contract with the Plaintiff, the Defendant, the contractor, and the insured, as indicated in attached Table 1 (hereinafter “instant insurance contract”) stating that the Plaintiff received hospitalization allowances, etc. from the Plaintiff when the insured was hospitalized due to disease (hereinafter “instant insurance contract”).
B. From July 23, 2011 to August 06, 2011, the Defendant received hospital treatment for 15 days from the 2011 to the 15th day from the 2011. From that time, the Defendant received hospital treatment for 251 days in total as stated in the attached Form 2 from that time to March 27, 2017, and received KRW 46,569,755 from the Plaintiff as insurance money under the instant insurance contract.
C. The insurance contract concluded between the Defendant and the insurance company including the Plaintiff and the Defendant before and after the conclusion of the instant insurance contract, and the insurance premium, daily allowance for hospitalization, etc. accordingly are as listed in the following table.
A table: The details of an insurance contract shall be excluded in cases where a day of hospitalization is paid only for a specific disease that is not a monthly insurance premium (won) for the name of the goods of the insurance company, and a day of non-life disease.
1 on April 25, 1995, Malaysia Insurance No. 42,500 10,000 per radar insurance policy on December 2, 2005, insurance premium of KRW 5,000 per 5,000 per radar Plf's hospitalization insurance premium of KRW 8,100 per 3,00 per 54,890,000 per 60,000 hospitalization insurance premium of KRW 30,000 per radar insurance policy on March 14, 200, but the first insurance premium of KRW 69,00 per 77,70 was extinguished on November 25, 2009 (insurance premium of KRW 8,70).
Security insurance premium of 10,000 10,000 8,700 won per 10,000 (the expiration of security by hospitalization day of November 25, 2009) 4 March 25, 200, 172,90 172,00 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 30,000 30,000 30,000 30,000 30,000 per hospitalization day of July 6, 2004, 200 8,000 7,000 10,000 7,5,205.6, 2005.