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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 October 7, 2009, Defendant A entered into an insurance contract with the non-party Green Damage Insurance Co., Ltd. (hereinafter referred to as “green Damage Insurance”) as the insured as the Defendant B (hereinafter referred to as “instant insurance contract”). The instant insurance contract includes a special clause that pays 30,000 won per day (10,000 won per day in case of 16 major diseases) per day when the insured is hospitalized for a disease during the insurance period.
B. After May 3, 2013, the Plaintiff acquired various insurance contracts, including the instant insurance contract from the Green Damage Insurance.
C. On December 29, 2009, after the day of the conclusion of the instant insurance contract, Defendant B was diagnosed as “patchitis of acute organ infection, astronomical organ infection” by C Hospital on December 29, 2009, and was hospitalized for seven days from January 4, 2010, and was hospitalized for 1508 days from December 29, 2009 to February 13, 2014, Defendant B received KRW 35,250,000 from the Plaintiff’s insurance proceeds by being hospitalized for 707 days at the hospital (hereinafter “instant insurance accident”).
During the period from February 28, 2007 to October 7, 2009, two contracts including the instant insurance contract were concluded as the insured under B as shown in the table on the details of concluding the insurance contract. The monthly insurance premium is equivalent to the total of 364,630 won, and the insurance amount whose payment has been confirmed is equivalent to the total of 136,864,623 won.
The details of the conclusion of the insurance contract are as follows: (a) the contractor (beneficiary) on the annual contract date; (b) the contractor (beneficiary) the monthly insurance premium (cost) for the insured goods of the insured insured subject; (c) on February 28, 2007, 55,500 ABT 21,942,006 20,000 won on May 29, 2009 200,000 B Han-do on May 29, 2009 88,490,490 65,682,617 30,000 won (16,000 won per day of hospitalization; and (d) on June 30, 2009 30,000 family members, who were in the interest country (free) on June 30, 200,13,90