1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment is as follows: (a) the “37 days of hospitalization days” in the table No. 4 of the reasoning of the judgment of the court of first instance as “29 days”; (b) the “149 days of hospitalization days” in the No. 6 as “158 days of hospitalization (However, the Plaintiff recognized the number of hospitalization days as 149 days and paid for the day of hospitalization)”; and (c) the judgment of the conjunctive claim as to the conjunctive claim is as indicated in the reasoning of the judgment of the court of first instance, except for the case as set forth in paragraph (2)

2. The plaintiff's conjunctive claim

A. The trust relationship between the Plaintiff and the Defendant, which forms the basis of the instant insurance contract, has been destroyed, thereby making it difficult to maintain the contractual relationship any longer.

Therefore, the instant insurance contract was terminated by the delivery of a copy of the application for modification of the purport of the claim as of January 18, 2019, which contained the Plaintiff’s expression of intent of termination, and as long as the Defendant contests this, the Plaintiff has the benefit to seek confirmation.

In addition, the defendant received the insurance money from the plaintiff after receiving hospitalized treatment for the payment of the insurance money, notwithstanding the absence of the necessity of hospitalization, so the defendant should return the provisional payment insurance money amounting to KRW 9,450,000 to the plaintiff as unjust enrichment.

B. 1) The relevant legal doctrine agreement is based on the trust relationship between the parties, and if the trust relationship, which forms the basis of the contract, has been destroyed during the existence of the contract, due to either party’s breach of contractual obligations or any other wrongful act, etc., and the other party’s contractual relationship has reached the degree that it is difficult to maintain the contractual relationship as it is, then the other party may terminate the contractual relationship and thereby may extinguish its effect in the future (see, e.g., Supreme Court Decision 2010Da48165, Oct. 14, 2010). “Hospitalization” means a medical doctor’s medical doctor with respect to the side effects or incidental effects that result in a very low resistance