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(영문) 광주지방법원 2015.11.12 2015가합2876

부당이득금

Text

1. The Defendant’s KRW 126,908,414 as well as 5% per annum from April 21, 2015 to November 12, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On January 17, 2007, the Plaintiff and the Defendant concluded an insurance contract on the attached list with the Defendant as the insured (hereinafter “instant insurance contract”).

나. 피고는 2007. 5. 13.경 산에서 내려오다가 삐끗하였다는 이유로 2007. 9. 5. B한방병원에서 14일간 입원한 것을 비롯하여 별지 입원내역 기재와 같이 2007. 9. 5.부터 2014. 10. 14.까지 사이에 각 병원에서 합계 1,150일간 입원치료를 받았고, 이 사건 보험계약에 따라 원고로부터 2015. 4. 20.까지 보험금으로 합계 126,908,414원을 지급받았다.

C. The Defendant repeatedly claims insurance money after hospitalization and discharge during the period during which insurance money can be paid according to the insurance terms and conditions of the instant insurance contract, but has been hospitalized during the period during which the insurance money cannot be paid.

The Defendant’s contents of the hospitalized treatment, most of which were received, can sufficiently achieve the purpose of the hospitalized treatment due to the outpatients, subsidences, depression, etc., and the Defendant was hospitalized or hospitalized for a long time beyond the necessary period of the hospitalized treatment, despite the absence of the need for the hospitalized treatment.

On June 17, 2015, the Defendant was hospitalized on the ground of false disease, and was prosecuted as the charge that he/she acquired KRW 116,081,417 as insurance money from the Plaintiff, and acquired it, on 56 occasions throughout the period of 56 times, even though the need for hospitalized treatment was not required by this court as of June 17, 2015, and all of the charges were led to confession, and was sentenced to 8 months of imprisonment for the above crime on August 28, 2015.

[Grounds for Recognition]

2. According to the above facts, it is difficult to view that the Defendant’s conclusion of the instant insurance contract is purely intended to cope with risks to life, body, etc., and rather, it is rather intended to acquire insurance proceeds by pretending the insurance accident, or by exaggerationing the degree of injury or disease.