1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On December 10, 2007, the Defendant entered into an insurance contract in attached Form 1 (hereinafter “instant insurance contract”) with the Plaintiff as the insured and the beneficiary of the out-of-life insurance, and entered into an insurance contract with the content that the insured receive hospital allowances, etc. from the Plaintiff when they receive treatment for injury or disease (hereinafter “instant insurance contract”).

B. From April 27, 2009 to April 29, 2009, the Defendant was hospitalized in B Hospital for three days on the ground that it had been hospitalized in B Hospital from that time to September 1, 2015, and was hospitalized for 574 days on a total of 39 days as shown in attached Table 2, from that time.

Since then, the defendant received 105,822,750 won according to the insurance contract of this case as insurance money, etc. from the plaintiff.

C. Meanwhile, the insurance contracts that the Defendant concluded with the insurance company including the Plaintiff before and after the conclusion of the instant insurance contract as the insured, and the insurance premiums, hospitalization allowances, and the details of the paid insurance money are as listed below.

On May 22, 2002, the 13,4003. On May 22, 2002, the 13,4003. On January 2, 2003, the defendant cancelled the insurance contract No. 1 of the above table, and it seems that the above insurance contract was terminated on January 2003.

Samsung Fire 21 April 2006, 50,270,270,200, 200, 300, 300, 4 Plaintiffs 66,8330,000, 30,000, 30,000, 10,000, 10,000, 30,00,000, 5 AI life insurance at 0,82,750, 82, 200, and 5,000, 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won insurance policy, 28,000,000,07,000,07,09,000.