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1. Revocation of the first instance judgment.
2. On May 20, 201, the Plaintiff (Counterclaim Defendant)’s non-payment of dividends against the Defendant (Counterclaim Plaintiff).
Reasons
1. Basic facts
A. The Plaintiff’s spouse B, the Plaintiff, was the Plaintiff and entered into the following two insurance contracts with the Defendant (hereinafter “instant insurance contracts”).
(1) Around May 20, 201, the date of the Family Love Insurance Contract providing for the following: (a) the insurance period from May 20, 201 to May 20, 2011; (b) the insurance period from May 20, 2011 to May 20, 2056 (45) - Other insured matters B of the beneficiary - General Inflicting (at least one day) 20,000 won for the long-term hospitalization of an injury - the amount of at least 300,000 won for 31 days to 300,000 won for the long-term hospitalization of an injury - the amount of at least 61 days to 30,000 won for 61 days, and at least 300,000 won for the day of the driver insurance contract under which the insurance period on August 19, 201 to August 19, 2036, the amount of death insurance proceeds other than the beneficiary security (25 years)
B. On August 23, 2011, the Plaintiff was hospitalized in the G Hospital located in the Jung-gu Incheon Metropolitan Government from August 24, 2011 to September 10, 2011, from September 14, 2011 to September 20, 2011, due to the field of collision between the right dog and the E, and was hospitalized in the Dental Medical Hospital and E, located in Gangseo-gu Seoul Metropolitan Government from September 21, 201 to September 22, 2011. The Plaintiff was hospitalized in the G Hospital located in the Jung-gu Incheon Metropolitan Government from September 21, 2011 to September 22, 2011. From September 22, 2011 to September 29, 2011, the Plaintiff re-hospitalized in the above E-won from September 29, 2011 to December 6, 2011 to December 131, 2011.
C. The Defendant paid KRW 4,650,000 insurance proceeds (hereinafter “the instant insurance proceeds”) to the Plaintiff on three occasions (on October 26, 201, 201, 28, and 3 January 3, 2012) as the costs of general hospitalization and long-term hospitalization for injury under the instant insurance contract.
In the case of fraud complaint by 2013-type and 35842 on February 28, 2014, the public prosecutor of the Incheon District Public Prosecutor's Branch Office (Seoul District Public Prosecutor) hospitalized the Plaintiff at the above D oriental medical and E Council members between August 24, 201 and December 31, 2011, and received KRW 3,370,000 as insurance money from the Defendant, as if the Plaintiff received normal hospitalized treatment even though the need for hospital treatment was not required.