1. Revocation of the first instance judgment.

2. All of the plaintiff's claims are dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 28, 2009, the Plaintiff entered into an insurance contract with the Defendant on December 28, 2009, with the content that the Defendant was paid a hospitalization allowance, etc. from the Plaintiff when the insured was determined as the beneficiary of the insurance money other than death and the insured was hospitalized for an injury or disease (hereinafter “instant insurance contract”).

B. From April 27, 2010 to May 17, 2010, the Defendant received hospitalized treatment from B for 21 days on the ground of catitis, as shown in attached Table 2 until December 26, 2015.

The Defendant received total of KRW 57,190,000 from the Plaintiff as insurance money for the above hospitalized treatment, etc. according to 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 beneficiary of the insured and the non-life insurance, and the details of monthly insurance premiums, daily allowances for hospitalization, and insurance money paid accordingly are as shown in the attached Table 3.

The Defendant’s earned income amount reported to the tax office from 209 to 2015, which entered into an insurance contract Nos. 2 to 4 attached Table 3, is KRW 13,161,290 in the case of 2011 and KRW 8,527,750 in the case of 2012.

[Ground of recognition] Facts without dispute, Gap 2, 3, and Eul 1 (including branch numbers in the case of additional number), each fact inquiry results about the Chinese currency damage insurance company of the first instance court, and the case non-life insurance company of the first instance court, as a result of the order to submit documents to Samsung Life Insurance Co., Ltd. of the first instance court, as a result of the order to submit tax information about Seosan Tax Co., Ltd. of the first instance court, the whole purport of pleadings

2. The plaintiff's assertion does not conclude the insurance contract of this case for the purpose of coping with the risk to life, body, etc., but does not acquire insurance money through multiple insurance contracts.