1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On November 26, 2008, the Defendant entered into an insurance contract in attached Form 1 (hereinafter “instant insurance contract”) with the Plaintiff as the insured and the beneficiary of the out-of-life insurance money, and entered into an insurance contract with the content that the insured receive hospital allowances, etc. from the Plaintiff when the insured is hospitalized due to injury or disease (hereinafter “instant insurance contract”).

B. From May 7, 2012 to May 21, 2012, the Defendant was hospitalized in B-type surgery from the time to October 10, 2016, 37 times in total, as shown in the attached Table 2, for 15 days from May 7, 2012, as well as for which the Defendant was hospitalized in B-type surgery on the ground of catitis.

Since then, the defendant received 36,039,551 won according to the insurance contract of this case as insurance money, etc. from the plaintiff.

C. Meanwhile, the insurance contracts that the Defendant concluded with the insurance company including the Plaintiff before and after the conclusion of the instant insurance contract as the insured, and the insurance premiums, hospitalization allowances, and the details of the paid insurance money are as listed below.

(E) Table: 30/30 of the current insurance contract number 20/30 of the first 5/30 of the monthly insurance premium (cost) for injury or disease per 20/30 of the goods of the insurance company as the insured; 45,750 5,000 22,744 ; 141,520 208/600 ; 308/60 of the current insurance contract number 205/300 of the first 208 ; 30/60 of the first 208 ; 40/300 of the average insurance premium for injury or disease per 20, 2005 ; 30/60 of the first 208 ; 30/600 of the Samsung Fire 25, 2005 ; 30/60 of the first 208/300 of the first 208/305 of the termination 19, 20007