1. The part of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's main claim is dismissed.

3...

1. In full view of the facts in dispute between the parties to the facts of recognition and the entries in Gap evidence 1, 2, Gap evidence 7-1 to 12, and the whole purport of the pleadings, the following facts may be acknowledged. On the other hand, the statements in Gap evidence 3 shall not be adopted, and no counter-proof shall be otherwise asserted.

Around January 2009, the Green Damage Insurance Co., Ltd. (hereinafter referred to as the “Green Damage Insurance”) entered into an insurance contract with the Defendant with the insured as the Defendant as the Defendant (hereinafter referred to as the “instant insurance contract”).

B. Around September 15, 2010, the Green Damage Insurance Co., Ltd. entered into an insurance contract with the Defendant and his/her father and wife B to change the said insurance contract into B with the policyholder and the beneficiary of the said insurance contract (hereinafter “instant modified contract”).

C. On February 8, 2013, the Plaintiff Insurance Company was established on February 8, 2013, and took over the status as an insurer under the instant insurance contract between the Green Damage Insurance and the Defendant on condition that it would not compensate for the climatic diseases.

From February 18, 2009 to September 7, 2010, the Defendant received KRW 7,807,382 in total from the Green Damage Insurance Co., Ltd. as insurance money in relation to diseases, such as the climatic disease, based on the instant insurance contract.

E. Since September 15, 2010 to November 8, 2013, B received KRW 59,052,586 in total from the Plaintiff insurance and the Plaintiff insurance company based on the instant insurance contract and the instant modified contract.

2. The plaintiff insurance company's assertion

A. In the first place, the Plaintiff insurance company received KRW 64,567,00 from the Plaintiff insurance company and the Plaintiff insurance company totaling KRW 64,567,00,00 based on the instant insurance contract and the instant modified contract. As long as the Defendant repeated hospitalized treatment for reasons suspected of the necessity of hospitalization over a long period, the Defendant should receive the insurance money unlawfully at the time of the instant insurance contract or the instant modified contract.