1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 6, 2007, the Green Damage Insurance Co., Ltd. concluded the instant insurance contract with the Defendant on November 6, 2007, with the content that the Defendant would pay the insured the amount of hospitalization allowances for injury or disease treatment, diagnosis money for 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 on November 5, 2009, for 73 days in total due to genetic brusium, incurable brusium, and spawnitis during the period from November 5, 2009 to March 26, 2016, as indicated in the “Details of Payment of Insurance Proceeds,” and received KRW 38,041,216 in total from the Plaintiff during the period from February 10 to April 18, 2016 pursuant to the instant insurance contract.

C. The Defendant’s conclusion of various insurance contracts and receipt of insurance proceeds (1) between November 16, 2007 and November 2, 2016, as indicated in the “General List of Insurance Contracts” as shown in attached Table 3, the insurance contracts, including the instant insurance contracts, and a total of 24 insurance companies including the Plaintiff, are excluded from the insurance contracts that appear to guarantee only the actual loss. The contract that remains effective until the date of closing the argument of the instant case is 21 (6 cases in the case of the insurance contracts where the Defendant is the insured), and the monthly insurance premium to be borne by the Defendant under the said 21 insurance contracts is 848,420 won in total. 2) The Defendant received KRW 149,947,821 in total in accordance with each of the above insurance contracts, etc. from around 207 to March 18, 2016.

The defendant's income at the time of entering into the insurance contract of this case.