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(영문) 서울중앙지방법원 2015.10.16 2015가단5175942

부당이득반환 청구

Text

1. The Defendant’s KRW 155,230,00 for the Plaintiff and KRW 5% per annum from September 13, 2010 to June 17, 2015.

Reasons

1. Facts of recognition;

A. On May 28, 2002, the Defendant concluded 10 insurance contracts, including the Plaintiff, the insured, and the beneficiary, respectively. On October 28, 2002, the Defendant purchased 10 insurance contracts, including the Non-Distribution Love Insurance Contract (Securities Number B), the Non-Distribution B, the Non-Distribution B, the Health Insurance Contract (Securities Number C), October 4, 200, the Private Annuity Savings 21C, the Private Annuity Savings Insurance Contract (Securities Number D), and the Schlage General Workplace Security Insurance Contract (Securities Number E) on July 11, 1997.

B. The Defendant received a total of KRW 48,548,656 from August 1, 2005 to December 16, 2010, after receiving hospital treatment for 124 days as if there was no disease to be hospitalized for 124 days due to sarbane, etc., and received hospital treatment for 124 days from August 25, 2005 to December 16, 201, after receiving insurance money for 48,548,656 from August 25, 2005 to receiving the insurance money for 15,230,000 won in total from the Plaintiff (the details of the insurance money paid in detail are the same as the payment status of the insurance money), as well as by receiving the total of KRW 15,530,00 from the Plaintiff from August 26, 2010.

C. The Defendant was convicted on July 4, 201 of the Incheon District Court Decision 201Da7471 in the case of fraud and attempted fraud, and was sentenced to a judgment of conviction committed on July 4, 2013. The Defendant was sentenced to a suspended sentence of two years from the appellate court (Seoul District Court 2013No2127) to one year from January 7, 2014, and was sentenced to a suspended sentence of two years from the final appeal (Supreme Court 2014Do1043) to the final appeal (Supreme Court 2014Do1043) on July 24, 2014, and the said judgment was finalized.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 3 (including the relevant number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is without any legal ground from the plaintiff.