1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On July 22, 2008, the Plaintiff entered into the instant insurance contract with the Defendant and entered into an insurance contract with the Defendant as the insured as indicated in the attached Table “Indication of the instant insurance contract” (hereinafter “instant insurance contract”).

B. The Defendant, following the conclusion of the instant insurance contract, was hospitalized for a total of 28 days as indicated in the “current Status of Payment of Insurance Money” following the instant insurance contract, based on a prone’s personal life and a prone certificate within the womb during the period from June 27, 2011 to January 10, 2017. In this regard, the Defendant received insurance money totaling KRW 48,750,000 from the Plaintiff.

C. The Defendant’s conclusion of various insurance contracts and the insurance contracts that the Defendant received from around 2007 included as the content of the insurance contracts whose coverage and nature are similar to those of the instant insurance contracts, or as the content of the patient’s daily allowance for hospitalization.

The contents of the insurance contract are as shown in the attached list of total insurance contracts. However, the contracting parties of the insurance contract No. 3 are third parties, not the defendant.

Accordingly, the insurance proceeds received by the Defendant from each insurance company are KRW 51,317,310 in total, as stated in the “the details of receipt of insurance proceeds” in the attached Form.

The defendant's income reported the amount of KRW 8,870,00 in 201 as business income or daily earned income, KRW 14,220,00 in 201, KRW 13,335,00 in 2013, KRW 11,092,80 in 2014, KRW 10,780,00 in 2015, KRW 20,723,700 in 2016, and KRW 27,300,00 in 2017.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 18 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. The plaintiff's assertion

A. The Defendant, which is the primary cause of claim, concluded a multiple insurance contract, and concluded the instant insurance contract for the purpose of unlawfully acquiring insurance proceeds after undergoing excessive surgery and hospitalized treatment. Thus, the instant insurance contract is stipulated in Article 103 of the Civil Act.