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(영문) 서울중앙지방법원 2016.05.18 2016가단21078

부당이득금반환

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1. The Defendant’s KRW 32,680,00 and the Plaintiff’s annual rate of KRW 5% from June 20, 2012 to March 2, 2016, and the following.

Reasons

1. Basic facts

A. The Defendant, on August 6, 2002, concluded a contract with the Plaintiff on August 26, 2002, for an insurance company’s purchase of insurance money by taking advantage of the fact that high-amount insurance money is to be paid in the case of receiving treatment under the name of disease, etc., and on August 6, 2002, was hospitalized in the name of disease, such disease was hidden, and on August 26, 2002, a contract was concluded between the Plaintiff and (i) FAO YAL UNT insurance (Insurance Premium 130,000 won per month, policyholder and insured: the Plaintiff).

B. The defendant from May 3, 2006 to the same year

7. Hospitalizing the E Hospital located in Busan Young-gu D for 77 days of urology by no later than 18. The same year.

7. Around 19.19. Around the same year, the Plaintiff claimed hospitalization insurance money for treatment of urology, and the same year from the Plaintiff.

8. 14. 14. Claim for insurance money from August 14, 2006 to June 19, 2012 as shown in the separate sheet, including the remittance of KRW 4.44 million as insurance money, and received a total of KRW 3,268,000 from the Plaintiff over twenty times.

C. However, at the time of entering into the above insurance contract, the Defendant’s notification to the Plaintiff was impossible to enter into the insurance contract.

On June 16, 2014, the Defendant was prosecuted for the above facts of the crime and was sentenced to a fine of KRW 4.5 million in the Dong Branch of the Busan District Court, and the Defendant appealed as Busan District Court 2014No2060, but the above court appealed as Busan District Court 2014No2060.

9.4. The defendant's appeal was dismissed, and the defendant appealed as the Supreme Court Decision 2014Do11939, but the Supreme Court decided that the appeal was dismissed on December 19, 199.

[Reasons for Recognition] Each entry of Gap 2 and 3 (including paper numbers), the purport of the whole pleadings

2. According to the allegations and the above facts of recognition, the Defendant, by deceiving the Plaintiff, acquired the total sum of KRW 3268,000,000 from the Defendant, thereby compensating for damages.