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1. The Defendant (Counterclaim Plaintiff) paid KRW 41,864,520 to the Plaintiff (Counterclaim Defendant) and its related amount from December 19, 2013 to November 25, 2016.
Reasons
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. On September 27, 2006, the Plaintiff entered into an insurance contract in attached Form 1 (hereinafter “instant insurance contract”) with the Defendant.
Of the details of the instant insurance contract, the part relating to the insurance money for which the Plaintiff seeks to return to the principal lawsuit and the insurance money claimed by the Defendant as a counterclaim is as follows.
The amount of medical expenses actually borne by the insured [the amount equivalent to 50% of the total medical expenses (the amount equivalent to 180 days from the date of the accident per one accident, where the National Health Insurance is not applied (automobile accident, industrial accident, etc.)] 5,000,000 hospitalization daily average for injury as a general injury; 30,000 sickness medical expenses II:3,00 won during the insurance period of the disease, and 365 days from the date of the disease, the total amount of the expenses to be borne by the insured under the National Health Insurance Act (the amount equivalent to 50% of the total medical expenses; the amount equivalent to 40% of the total medical expenses for accident, industrial accident accident accident, etc.); 40% of the total medical expenses for the medical expenses to be borne by the National Health Insurance; 30,1000 days from the date of the hospitalization, 30,1000 days from the date of the disease, etc. ; 30,1000 days from the time of the disease insurance period
B. As shown in attached Form 2, the Defendant received hospitalized treatment for 904 days from July 22, 2008 to October 9, 2013 on 39 occasions. In this regard, the Plaintiff paid the Defendant totaling 80,537,850 won to the Defendant from September 22, 2008 to October 18, 2013.
C. As shown in attached Table 5, the Defendant received hospital treatment and hospitalized treatment for 262 days from November 26, 2013 to March 25, 2015 on 12 occasions, as shown in attached Table 5, and was not paid to the Plaintiff.
[Ground of recognition] Unsatisfy, Gap evidence 1 through 3, 6 through 8, Eul evidence 1, 2, 6 through 9.