The judgment below is reversed, and the case is remanded to Busan High Court.

Paragraph 6 (2) of the judgment of the first instance.

The grounds of appeal are examined.

1. According to the reasoning of the lower judgment and the first instance judgment partially accepted by the lower court, the lower court rejected the Defendant’s allegation that: (a) the Defendant entered into a contract with the Plaintiff on August 13, 2007 for “UndividendG well-being Insurance” (hereinafter “instant insurance contract”); (b) the Defendant, as stated in its reasoning, at least 36 times from February 5, 2008 to April 10, 2013, received total hospitalization treatment for 760 days and 42,64,291 won as insurance proceeds; (c) on the ground that the Plaintiff was hospitalized without the need for hospital treatment, on the ground that there was no unnecessary hospitalization for the period from September 24, 2012 to April 10, 2013, the Defendant did not provide insurance proceeds for the period from August 21, 2012 to 10, 2016 to 10.21, 2016.

2. However, the above determination by the court below is difficult to accept for the following reasons.

Review of the reasoning and records of the judgment of the court of first instance, which was partially admitted by the court below, reveals the following circumstances.

(1) In addition to filing a return on income of KRW 1,737,00 at the tax office in 2010, the Defendant did not have any global income tax or labor income tax from January 1, 2007 to December 31, 2012, closed a multi-face operated at Seopopo City on March 2, 201, and there was no special property or income as a basic recipient of medical benefits from February 24, 2012.

Nevertheless, the Defendant concluded the instant insurance contract.