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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 27, 2009, the Plaintiff concluded an insurance contract with Defendant B, stating that Defendant C shall pay insurance money for the illness or injury of Defendant C with Defendant C (hereinafter “instant insurance contract”).
B. On February 2, 2012, after the conclusion of the instant insurance contract, Defendant C was hospitalized for 13 days at D Hospital based on disguised infection. From February 15, 2012 to July 2, 2017, Defendant C was hospitalized for approximately 1,821 days in E/C in E/C for about five years and five months. Defendant C was hospitalized for 58,945,403 won in total with the amount of insurance money, such as the daily amount of hospitalization.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Gap 3's evidence 1 to 58, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion 1) After the conclusion of the instant insurance contract, Defendant C unfairly acquired the insurance money by long-term and repetitive hospitalization on the grounds of disease suspected of need for hospitalized treatment during the duration of the contract. As such, the instant insurance contract was destroyed at the time of conclusion of the contract, thereby making it difficult to maintain the insurance contract any longer, and accordingly, terminated the said contract by serving a copy of the complaint of this case. Therefore, Defendant C sought confirmation of termination of the said insurance contract. Accordingly, Defendant C received KRW 58,945,403 from the Plaintiff based on the insurance contract of this case terminated as above, and thus, is obligated to return the amount equivalent to the same amount to the Plaintiff as unjust enrichment.
B. (A) As to the claim against Defendant B, the relevant legal doctrine is continuously based on the trust relationship between the parties. As such, the trust relationship, which forms the basis of the contract, is destroyed due to either party’s breach of contractual obligations or other unfair acts during the existence of the contract, is difficult to maintain as it is.