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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. (1) On July 16, 2010, the Defendant entered into the instant insurance contract with C Co., Ltd., and the details of the collateral related to the instant case are as follows. ① In the event the insured suffered bodily injury due to a sudden and unexpected accident, resulting in interference with his/her living function or business ability and resulting in the treatment, the amount of insurance money of KRW 20,000 per day of hospitalization for only the period of hospitalization within 180 days from the date of the accident shall be paid. ② In the event that the insured was hospitalized and treated, the amount of insurance money of KRW 20,000 per day of hospitalization for up to 180 days when the insured was hospitalized in a hospital or a clinic due to disease. ② The Plaintiff succeeded to the rights and obligations under the instant insurance contract by the Financial Services Commission pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry.
(hereinafter referred to as “Plaintiff” and “C” are not distinguished, but all “Plaintiffs” are called “Plaintiffs.”
The Defendant’s current status of insurance coverage and reported income 1) The Defendant entered into five insurance companies from July 2009 to July 2010 with the total of six insurance contracts (including the instant insurance contracts) as shown in the details of the attached insurance contracts, and paid each insurance premium up to the present. The total amount of the monthly insurance premium is 50,054 won. (2) There is no record that the Defendant reported income to the competent tax office from July 2007 to July 2017.
C. (1) The Defendant received insurance proceeds of KRW 20,590,000, as stated in the details of payment of the attached insurance proceeds, from the Plaintiff on the ground of an insured incident (hospitalization) occurred from around August 2010 to July 26, 2016. In addition, the Defendant received insurance proceeds of KRW 52,430,321 in total from D Co., Ltd. from November 9, 2010 to April 28, 2017, and KRW 81,100 in total from E Co., Ltd. from October 11, 2010 to April 26, 2017.