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1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. Facts of recognition;
A. On March 12, 2009, the Plaintiff concluded an insurance contract with the Defendant as the insured with the same content as the attached Form (hereinafter “instant insurance contract”).
B. From March 4, 2009 to November 16, 2009, the Defendant concluded an insurance contract with multiple insurance companies including the Plaintiff, and the Defendant, as the insured, on the payment of the daily allowances for hospitalization, etc. in cases where they receive hospitalized treatment due to injury or disease as the insured.
Savings insurance and cancer insurance that cannot be seen as similar to the nature of the instant insurance contract are excluded.
In addition, according to the statement No. 24-1 of evidence No. 24, the first instance court's order to submit each financial transaction information to AS life insurance company and ES life insurance company, the defendant concluded an insurance contract with 1-year maturity (securities number K) of 5-year smart time insurance with ING life and 4-year maturity as the insured on September 24, 2009, respectively, and entered into an insurance contract with ACE on November 16, 2009 NAet NEW with NA as the insured on October 12, 2009, but each insurance contract with 25-year maturity (securities numberM) insurance with 1-year maturity (ING life and non-computer) and 5-year maturity insurance with AS life insurance company as the insured on November 19, 2009, each of the above insurance contracts can be acknowledged as being included in each of the above insurance contracts.
On March 3, 2009, the 2nd Plaintiff (the instant insurance contract) who terminated on October 25, 2016 when more than 3 March 2019, 119, 105, 30,000 per day when the monthly insurance premium for the name of the company (original insurance premium) is terminated on March 12, 2009, maintaining 30,000,000 won per day for temporary injury temporary living expenses of 30,000 won per day, and 30,000,000 won per day for hospitalization of 3 AI non-speed-free life expenses of the company.