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 and the Defendant as the beneficiary of the insurance money other than death and received hospitalized treatment due to injury or disease, the Plaintiff’s insurance contract indicated in the attached Table 1 (hereinafter “instant insurance contract”) including the content of receiving hospitalization allowances, etc. from the Plaintiff.

(A) concluded the Agreement.

B. From April 27, 2010 to May 17, 2010, the Defendant received hospitalized treatment from B 21 days on the ground of “the salt, tension, etc. of the bones of wood” and received from B 1,178 days, as described in attached Table 2, as well as from December 26, 2015.

The Defendant received total KRW 60,095,709,000,000 from the Plaintiff as insurance money for the above hospitalized treatment 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 stated in the attached Table 3 Insurance Details.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, Eul evidence Nos. 1 (including numbers), the first instance court's order to submit each financial transaction information about Samsung Life Insurance Co., Ltd., K non-Life Insurance Co., Ltd., MN insurance Co., Ltd., and MM non-life insurance Co., Ltd., the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the Defendant concluded a number of insurance contracts that pay a considerable amount of insurance premiums in light of income level at the time of entering into the instant insurance contracts. After entering into the insurance contracts, the Defendant received insurance proceeds exceeding KRW 200 million from the Plaintiff and other insurance companies.

In light of this, the defendant does not conclude the insurance contract of this case for the purpose of coping with the risk to life, body, etc., but multiple insurance contracts.