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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 10, 2006, the Plaintiff entered into an insurance contract listed in [Attachment 1] No. 1 (hereinafter “instant insurance contract”) with the Defendant, the insured, or the beneficiary outside of death as the Defendant, and entered into an insurance contract listed in [Attachment 1] No. 2 (hereinafter “instant insurance contract,” and “each of the instant insurance contracts,” in addition to the instant insurance contract No. 1 insurance contract. Each of the instant insurance contracts includes security items for which the daily amount of hospitalization is paid when the insured is hospitalized due to illness or injury.
B. From February 23, 2009 to March 9, 2009, the Defendant was hospitalized for 485 days in total on 42 occasions as shown in the attached Table 2 from around that time to December 9, 2016, under the name of diagnosis, such as “componitis and perchitis,” etc. at B Hospital, and was hospitalized for 42 days in total as shown in the attached Table 2.
(hereinafter “instant insurance accident”). C.
The Defendant’s guaranteed insurance contract is as shown in Attachment 3, and the contract terminated before the conclusion of the instant insurance contract, and the cancer insurance contract, pension insurance contract, automobile insurance contract, dental insurance, etc., the contents and nature of which are similar, are excluded.
The insurance contracts maintained as of January 1 of each year among the insurance contracts listed in the attached Table 3 are 3 cases in 2009, 5 cases from 2010 to 2015, and 7 cases from 2016 to 2017.
The amount paid by the Plaintiff to the Defendant is KRW 40,710,706, and each insurance company listed in the attached Table 3, including the Plaintiff, paid to the Defendant due to various insured events, such as the instant insured events, is KRW 187,027,396.
E. The Defendant’s global income from 2007 to 2016 is the global income and the tax authority.