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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 14, 2009, Defendant C entered into an insurance contract with D Co., Ltd. as the insured of Defendant C (hereinafter “instant insurance contract”).
On May 3, 2013, the rights and obligations, or contractual status thereof, were transferred from D Co., Ltd. to the Plaintiff upon the decision of the Financial Services Commission on the transfer of contracts under Article 14(2) of the Act on the Structural Improvement of the Financial Industry.
On July 23, 2012, the policyholder and beneficiary of the instant insurance contract changed from Defendant C to Defendant B, the husband of the instant insurance contract.
B. The instant insurance contract includes ① general injury and medical expenses to be paid in full within the limit of KRW 10,00,000 for the insured, ② general injury and temporary living expenses to be paid in 20,000 per day of hospitalization only for the period of hospitalization within 180 days from the date of the accident, ③ expenses to be paid in 50,000 if the insured is hospitalized in a hospital or a clinic due to a disease, ④ expenses to be paid in 20,000 won per day of hospitalization within the limit of KRW 180 per hospitalization, ④ expenses to be paid in case of the insured’s hospitalized treatment due to a disease, ④ expenses to be paid in excess of KRW 20,00 per day of hospitalization within the limit of KRW 180 per time of hospitalization.
C. From February 14, 2011 to February 28, 2011, Defendant C received hospitalized treatment for 15 days from E Hospital to 16 days from February 14, 2011, as indicated in attached Table 2, for 273 times from February 14, 2011 to January 4, 2016. The Plaintiff paid Defendant C totaling KRW 7,862,210, and totaling KRW 27,689,685 to Defendant B, respectively, according to the instant insurance contract.
On the other hand, the defendants include the plaintiff as shown in the attached Forms 3 and 4.