1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

1. The reasoning for this Court’s determination on the facts of recognition and the primary claim is the same as the ground for the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the

2. Judgment on the conjunctive claim

A. The Plaintiff’s assertion 1) An insurance contract falls under a continuous contract based on the fiduciary relationship between the insurer and the policyholder. As such, even though the Defendant did not need hospitalization, the fiduciary relationship between the parties, which forms the basis for the existence of the instant insurance contract, was destroyed by receiving hospitalized treatment and receiving high-amount insurance money from the Plaintiff. Accordingly, as the instant insurance contract was lawfully terminated by delivery of a copy of the application for modification of the purport of the instant claim and the cause of claim, which included the declaration of termination of the instant insurance contract, including the declaration of intent to terminate the instant insurance contract, the confirmation is sought. Furthermore, notwithstanding the absence of the need for hospitalization, the Defendant hospitalized the Plaintiff and obtained profits by receiving insurance money of KRW 13,852,00 as shown in the attached Table 2 without any legal cause, and thereby incurred damages equivalent to the same amount to the Plaintiff. Accordingly, the Defendant ought to return KRW

B. Determination 1) Continuous contract is based on the fiduciary relationship between the parties. If the fiduciary relationship, which forms the basis of the contract, has been destroyed due to a breach of the contractual obligation of one of the parties or any other wrongful act during the existence of the contract, and the contractual relationship has reached the degree that it is difficult for the other party to maintain it as it is, then the other party may terminate the contractual relationship and thereby extinguish its validity in the future (see, e.g., Supreme Court Decision 2010Da48165, Oct. 14, 2010). Meanwhile, hospitalization requires continuous observation of medical personnel in relation to the side effects or incidental effects of drugs, which are very low resistance to or are administered by the patient due to disease.