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1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
2. Of the costs of lawsuit.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 5, 2008, the Plaintiff and the Defendant concluded the instant insurance contract with the Defendant as the insured on August 5, 2008, as indicated in the attached Table 1 (hereinafter “instant insurance contract”) stating that the Plaintiff and the Defendant secured the death of a disease, the injury and medical expenses, the hospitalization expenses (20,000 won), the expenses for hospitalization of a disease (40,000 won), the expenses for hospitalization of a disease (20,000 won), the expenses for 16 major diseases, and the expenses for surgery of a 16 major disease (hereinafter “instant insurance contract”).
B. 1) The Defendant was hospitalized in B Hospital in total under the name of sick person, such as the loss of the skin left from the right at the Hospital, the left hand knife at the hospital during a period of 30 days from September 2, 2008 to October 1, 2008, which was subsequent to the date on which the instant insurance contract was concluded, including the Defendant’s being hospitalized in the name of sick person (i.e., the left hand knife) during the period from September 2, 2008 to July 29, 2014 (the details of the Defendant’s hospital’s hospitalization during a period of 1401).
(2) The Defendant claimed insurance money against the Plaintiff on the ground of the foregoing insured incident, and the Plaintiff paid totaling KRW 89,531,653 to the Defendant over 61 times from February 13, 2009 to August 6, 2014.
C. The details of the insurance contract concluded by the Defendant, and the details of the insurance contract concluded with another company at the time of the conclusion of the instant insurance contract, and the total insurance amount received are as follows.
Serial No. 65,460,000 family love 65,460,000 30,000 109,541,706 200,350,350 60,350,000 120,350,350 120,876,586 3 AI damage 2008-4-14,760 65,760,00 65,760,00 65,760,760,000 3 AI damage 2008-4-14,00 65,760,000 06,562,6734, 208-81.