1. The plaintiff's claim is dismissed.

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

1. An occurrence of a dispute;

A. On March 3, 2009, the Defendant entered into an insurance contract (hereinafter “instant insurance contract”) with the Plaintiff on a securities number B, the insured, the Defendant, the insurance period from February 24, 2010 to February 24, 2060, with the content of the security stipulated as expenses for hospitalization of a disease, expenses for vaccination of a disease, expenses for hospitalization of a disease, expenses for hospitalization of a disease with 16 large-scale disease, expenses for lost medical expenses, etc., but at the same time entered into an insurance contract.

B. From April 18, 201 to May 4, 2011, the Defendant received 42,037,835 won in total for 42 days from April 19, 2011 to January 5, 2015, as shown in the attached Table, for 16 days from the date of the conclusion of the instant insurance contract, as well as for 536 days from April 19, 201 to January 5, 201, the Defendant received 42,037,835 won from the Plaintiff as expenses for hospitalization, disease-disease, disease-disease, injury-disease medical expenses, etc.

2. The Plaintiff alleged that there was no need for the remaining hospitalized treatment for 64 days out of the total number of 536 days of the hospital treatment for which the Defendant received, and the amount of the insurance money corresponding thereto 36,810,935 won was unfairly received by the Defendant, and thus, the return as unjust enrichment is sought.

3. In light of the following circumstances, as a result of the request for appraisal of medical records by the Korean Medical Association Nos. 1 through 10, and the overall purport of the arguments, it is insufficient to recognize that the evidence submitted by the Plaintiff alone, excluding the 64 days out of the Defendant’s 536 days of hospitalized treatment, was conducted in the absence of the need for the remaining hospitalized treatment. There is no other evidence to acknowledge otherwise.

The plaintiff's claim for restitution of unjust enrichment on the premise that the defendant's hospitalized treatment needs to be conducted is groundless.

(1) Examining the result of the Korea Medical Association’s entrustment of the appraisal of medical records, the opinion that no medical treatment is required, among the opinions of the Galinology, shall be hospitalized for 20 days from September 21, 2013 to October 10, 2013 in the attached Table.