1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

The reasoning of the judgment of the court of first instance as to this case is that the plaintiff's conjunctive claim added by this court is identical to the ground of the judgment of the court of first instance, except for the determination as set forth in the following paragraph (2).

The main point of the Plaintiff’s assertion is that the Defendant received excessive medical treatment and received excessive insurance proceeds by unfairly being hospitalized for a long time more than 13 times after concluding the instant insurance contract.

As the Defendant abused this insurance system, trust relationship between the Plaintiff and the Defendant was broken and thus it is impossible to maintain any further insurance relationship.

The Plaintiff declared that the insurance contract will be terminated by serving a duplicate of the application form for modification of the purport of the instant claim and the cause of the claim, and the instant insurance contract was served on the Defendant and terminated.

As long as the defendant actively asserts the existence of the insurance contract relationship, the plaintiff needs to confirm the termination of the insurance contract of this case against the defendant.

The Defendant received insurance money equivalent to KRW 8,870,00,00 from hospitalization in excess of 291 days, and received benefits without any legal ground, and suffered damages equivalent to the same amount from the Plaintiff. Therefore, the Defendant is obligated to return such amount to the Plaintiff.

Judgment

The relevant legal doctrine is a continuous contract based on the trust relationship between the parties. If the trust relationship, which forms the basis of the contract, is destroyed during the existence of the contract, due to a breach of the contractual duty of one of the parties or any other wrongful act, and thereby it is difficult for the other party to maintain the contractual relationship as it is, then the other party may terminate the contractual

(See Supreme Court Decision 2010Da48165 Decided October 14, 2010, etc.).