The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On July 31, 1997, the Plaintiff is a company running the insurance business, etc., and the Defendant C entered into an insurance contract D (securities number E) with Defendant B and the beneficiary as Defendant C (hereinafter “instant insurance contract”).

B. After Defendant B received hospital treatment for an excessive period of time exceeding the pertinent number of days of hospital treatment, the Defendants claimed insurance money to the Plaintiff on seven occasions as indicated in the table of claim amount in attached Table 1. From January 30, 2009 to February 21, 201, the Plaintiff paid totaling KRW 3,841,121 to Defendant C.

C. The Defendants, including the Plaintiff, on August 28, 2015, are against many insurance companies.

It was subject to the disposition of suspension of indictment for a crime that acquired insurance money by means such as the statement in the paragraph.

(Ground for recognition), entry of evidence No. 1, and the purport of the whole pleadings, as well as the purport of the whole pleadings, without any dispute (based on recognition)

2. The assertion and judgment

A. (1) The Defendants, upon receiving the insurance money of KRW 3,841,121, the difference by deceiving the Plaintiff by means of claiming the insurance money according to the instant insurance contract after Defendant B received the hospitalized treatment for an excessive period exceeding the pertinent number of days of the hospitalized treatment, and then by receiving the insurance money of KRW 3,841,121 from the Plaintiff, acquired the difference of KRW 3,641,121.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the above amount with damages arising from tort, or with unjust enrichment resulting from the acquisition of insurance proceeds without any legal cause.

(2) The Defendants, as alleged by the Plaintiff, did not acquire insurance money or take advantage of unjust enrichment equivalent to the amount.

Even if the Plaintiff had claims as alleged against the Defendants, such claims had already expired by prescription.

B. In light of the following circumstances, the Defendants are solely indicated in the evidence Nos. 1 and 2, as alleged by the Plaintiff.