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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 15, 2011, the Defendant entered into an insurance contract with the Plaintiff, stating that the insured is himself/herself (hereinafter “instant insurance contract”).
B. After the Defendant’s instant insurance contract was concluded, the Defendant received hospitalized treatment for 15 days from August 3, 201 to August 23, 2011, for 14 times in total, from August 3, 2011 to August 19, 2011, as well as from August 3, 2011, for 228 days.
C. From 2009 to 2011, the Defendant entered into an insurance contract that is similar in terms of the details of the conclusion of the insurance contract with the Defendant as the insured and the content and nature of the insurance contract as indicated in the following table with the insured as the Defendant. Accordingly, the Defendant received insurance proceeds of KRW 75,902,918 from the insurance company including KRW 9,130,000 received from the Plaintiff.
The Plaintiff asserted that the insurance amount paid by the Defendant under each of the above insurance contracts as the insured was KRW 68,953,418 in total for eight cases, but on September 14, 2007, the insurance amount paid by the Defendant as the insured under each of the above insurance contracts was not a defendant but a non-party C, and thus, excluded from the table of the main text, it can be acknowledged that the Defendant entered into an insurance contract similar to the instant insurance contract with the KB damage Insurance Co., Ltd. as the insured on March 14, 2011, in full view of Gap's evidence Nos. 1-1 and Nos. 3, and the result of this court's response to each of the financial transaction information submission orders by this court, and the whole purport of arguments, as well as the insurance amount claimed by the Plaintiff as the insurance amount claimed by the Defendant as the insured on March 14, 2011, it can be recognized that the insurance amount paid by the Defendant as the insured was total of eight cases.
The insurance company's monthly insurance premium receipt (cost) is the product name of the insurance company.