1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On March 8, 2006, the Defendant entered into a lifelong guarantee insurance contract (securities number B: hereinafter “instant insurance contract”) with the Plaintiff (former Green Cross Life Insurance Co., Ltd.).

B. From May 16, 2006 to September 30, 2010, the Defendant received KRW 25,637,955 from the Plaintiff’s insurance proceeds on the grounds that the Defendant had been hospitalized, performed surgery, etc. over 33 occasions.

C. The Defendant did not have paid the earned income tax and the comprehensive income tax from 2005 to 2009.

Compared insurance contracts that the Defendant subscribed to as the insured before and after the conclusion of the instant insurance contract are ten cases as listed below, and the monthly amount paid as insurance premium is KRW 464,000 in total.

Insurance companies' monthly insurance premiums of 1 gold-free life insurance premiums of 2006-02-08 65,200 won for 2006-02-136,700 won for non-dividend life insurance for 1 gold-free life 2006-02-136,650 won for 3 East Life New-Balbling Life Insurance 2006-02-136,650 won for July 12, 2006, or 4Ra 1-6, 2006-136, 930 won for non-dividend social care 2006-136, 930 won for 2006-06-02-147, 460-47, 206-206-208, or 300-6-7, 208, 207.

E. The defendant filed a false claim for insurance money on the ground that he was hospitalized with C Hospital from August 14, 2006 to August 31, 2006, and acquired 900,000 won from the Gold Life Insurance Co., Ltd. from the gold Life Insurance Co., Ltd. to the day of February 17, 2009, and filed a false claim for insurance money as if he had not been hospitalized as shown in the annexed crime list, and the plaintiff and the defendant were hospitalized.