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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 June 18, 2008, the Green Damage Insurance Co., Ltd. concluded the instant insurance contract with the Defendant on June 18, 2008, with the content that the Defendant as the insured would pay the insured the amount of hospitalization allowances for the injury or disease, diagnosis money for a specific injury or disease, etc. (hereinafter “instant insurance contract”).
On May 3, 2013, the Plaintiff acquired the instant insurance contract from the Green Damage Insurance Co., Ltd. according to the FSC’s decision to transfer contracts.
B. The Defendant, as indicated in the “Details of Payment of Insurance Proceeds” in the instant insurance contract, was hospitalized treatment for 220 days in total from the 20th day from January 2, 2009 to January 28, 2009 as indicated in the “Details of Payment of Insurance Proceeds,” as well as from January 2, 2009 to January 28, 2009 to the period from January 13, 2016 to the period from January 2009 to the period from January 13, 2016. The Defendant received KRW 44,187,601 in total from the Plaintiff during the period from February 26, 2009 to July 28, 2016.
C. The Defendant concluded various insurance contracts and received insurance proceeds from September 13, 2007 to October 25, 2016, as shown in the “General List of Insurance Contracts” in attached Table 3, and concluded 19 insurance contracts with multiple insurance companies including the Plaintiff, as well as the instant insurance contracts. There are 18 contracts that remain effective until the date of closing the argument of the instant case (as for the insurance contracts whose insured is the Defendant, 9 cases), and the monthly insurance premium to be borne by the Defendant under the above 18 contracts is 740,365 won in total. 2) The Defendant received 84,506,06 won in total from each insurance company in accordance with each of the above insurance contracts from December 31, 2008 to July 1, 2016.
The defendant's income runs the insurance sales business at the time of entering into the insurance contract of this case.