beta
(영문) 부산지방법원 2019.07.24 2017가합51132 (1)

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 17, 2007, the Defendant entered into a personal insurance contract (hereinafter “instant insurance contract”) entered into between the Plaintiff and C with the name of insurance, total insurance premium of KRW 125,230 per month, the insured, the beneficiary, the Defendant (other insurance money), the Defendant’s statutory heir (Death Insurance Money), and the Defendant’s legal heir (hereinafter “instant insurance contract”). The main coverage of the instant insurance contract is to pay insurance money equivalent to a certain amount or percentage of insurance money to the Defendant, the beneficiary, when the Defendant undergoes surgery or hospitalized treatment due to general injury, etc.

B. On November 24, 2008, after entering into the instant insurance contract, the Defendant paid the Defendant’s hospitalized treatment and the Plaintiff’s insurance proceeds to the Plaintiff, as indicated in the table below, for 26 days in total, 458 days from November 24, 2008 to January 23, 2017, 200 won (hereinafter “the instant insurance proceeds”) by claiming the insurance proceeds under the instant insurance contract to the Plaintiff and receiving the instant insurance proceeds totaling to 38,71,273 won (hereinafter “the instant insurance proceeds”).

Serial 11,79,702. 20. 8. 1, 200 to 4. 2. 8. 1, 2008 to 19. 26, 2074, 152 vertebrate E Hospital No. 152, 209 to 23. 11, 79, 702 3 vertebrate No. 3. 20. 1, 209 to 3. 2. 0. 1, 208 to 4. 2. 7. 8. 1, 200 to 4. 9. 7. 1, 200 to 4. 7. 8. 1, 200 to 9. 7. 1, 205 to 4. 7. 1, 200 vertebrate No. 205 to 5. 15. 2009