The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Facts of recognition

A. The Plaintiff entered into an insurance contract with the Defendant to compensate for the damages, etc. incurred by receiving hospitalized treatment due to a disease, etc. that occurred during the insurance period (from June 9, 2009 to June 9, 2067) (undividendd happiness insurance).

B. After receiving hospitalized treatment from November 26, 2015 to March 14, 2016, the Defendant received from the Plaintiff for the sum of KRW 12,184,300 (hereinafter “the instant insurance proceeds”) as the insurance proceeds under the said insurance contract from the Plaintiff, the Defendant received from the Hospital D (hereinafter “D Hospital”) as “the malicious life of an unknown disaster.”

C. E, the operator of the D Hospital, in collusion with the deceased F (Death on December 12, 2016), etc., the president of the D Hospital. The fact was that G, a patient, had no prescription, treatment, and no high-frequency treatment, and no treatment had been provided as to the number of times indicated in the medical records, etc. The medical expenses receipt, etc. were issued to G to deliver to G the receipt, etc., stating that he received medical expenses after receiving hospital treatment in the D Hospital even though there was no fact that the medical expenses were received in the D Hospital as stated in the medical expenses receipt, and the medical expenses were received in the D Hospital to claim for the amount of the lost insurance proceeds from the affected insurance company and receive them. From October 18, 2012 to July 19, 2016, G was convicted of committing a violation of the Medical Service Act by obtaining the amount of the insurance proceeds in the name of the patient, including the Plaintiff, from the insurance company, and transferred them to the account of the victim in the name of the victim.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 26, 28 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion is written in medical records, detailed statement of medical expenses, and receipt of medical expenses in the case of non-benefit items.