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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 24, 2007, the Defendant entered into an insurance contract with the Plaintiff (attached Form 1) with the Defendant himself/herself, the monthly insurance premium of KRW 50,000 as indicated in the insurance contract, and entered into a C contract that guarantees general injury, disability after death, general injury, provisional living expenses (additional), hospitalization expenses, women-only disease treatment expenses, family living liability, etc. (hereinafter “instant insurance contract”). Of the collateral items, the part relating to the instant case is as follows.
Women’s exclusive disease treatment expenses (admission to KRW 5 million): 1% (120 days limit) of subscription per day exceeding 3 days at the time of hospitalization or surgery for the direct purpose of treating women’s exclusive disease : 20,000 won per day of hospitalization for a hospital within the limit of 180 days when the hospital is hospitalized for a hospital for at least 4 days.
B. Under the instant insurance contract, the Plaintiff paid a total of KRW 31,739,708 as stated in the payment status of insurance proceeds to the Defendant according to the instant insurance contract.
C. The Defendant asserted that 40 cases are 43 cases, such as the details of the insurance contract concluded between July 28, 2006 and May 15, 2017 with several insurance companies including the Plaintiff (attached Form 3) from July 28, 2006 to May 15, 2017, but it appears that 3 cases of the lost-type insurance contract listed in Category A No. 4-12 are as shown in [attached Form 3] No. 17,35 (instant insurance contract) and 39. The insurance contract of this case, the effect of which is maintained until the date of the closing of argument, is 25 cases. Among them, the insurance contract of this case where the Defendant is the insured, the sum of the monthly premiums borne by the Defendant pursuant to the insurance contract No. 1,277,177). Meanwhile, at the time of the conclusion of the insurance contract of this case, the Defendant concluded the insurance contract of this case 5 [Attachment 3, 406.