부당이득반환 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. 1) The Green Damage Insurance Co., Ltd. entered into the instant insurance contract with the Defendant on August 22, 2008, and between August 22, 2008 and August 22, 2041, the insurance period was from August 22, 2008 to August 22, 2041, with the insured as the Defendant, and entered into a non-dividend franchise insurance contract (H4) with the Defendant (hereinafter “instant insurance contract”).
(2) The Plaintiff acquired the rights and obligations of the instant insurance contract from the Green Damage Insurance Co., Ltd. in accordance with the Financial Supervisory Commission’s order to transfer contracts.
3. The security contents of the instant insurance contract are as follows.
When the insured at the time of being hospitalized and treated due to a disease, he/she shall be provided with 20,000 won per day of hospitalization, and 2,000 won per surgery, in cases where he/she undergoes a surgery for a specific disease surgery, expenses for surgery for women-only disease of hospitalization, expenses for surgery for women-only disease of hospitalization, and expenses for a specific disease of 16 times per day of hospitalization, or 20,000 won per day of hospitalization for more than 3 days.
B. After concluding the instant insurance contract from April 2, 2009 to April 26, 2014, the Defendant was hospitalized for 318 days in total as indicated below in the following table, and received KRW 52,214,601 in total from the Plaintiff due to hospitalization (daily insurance).
B CDD E D F F F H H H H H H H H L LI I
C. The Defendant, including the Plaintiff, has subscribed to the insurance that covers risks similar to the instant insurance contract as listed below, and the insurance proceeds received from each insurance company during the period from August 24, 200 to September 29, 2014 due to each of the above insurance contracts are KRW 49,564,853, and KRW 61,680,00 from the Samsung Life Insurance Co., Ltd., and KRW 52,214,601, total KRW 163,459,454 from the Plaintiff.
A
D. The Defendant operates a restaurant “N” by September 20, 2010.