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(영문) 광주고등법원 2017.04.14 2016나14293

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On August 31, 2010, the Plaintiff entered into each insurance contract with the Defendant, the insured, and the beneficiary as the Defendant indicated in the separate sheet (hereinafter “each insurance contract of this case”). Each insurance contract of this case includes a special clause that compensates 30,000 won per day of hospitalization where the insured receive hospitalized treatment due to an injury or disease during the insurance period.

B. On November 11, 2010, the Defendant began to undergo hospital treatment at B 14 days from around 11, 2010, and thereafter received hospital treatment from that time (hereinafter “instant hospital treatment”) for a total of 508 days as follows, and the Plaintiff paid KRW 47,661,008 to the Defendant as insurance money related to the said hospital treatment.

On November 11, 2010 to November 24, 2010, G 1B 1: (a) 1: (b); (c) 2; (d) 1: G 2; (d) 1: (e) 1; (e) 1; (e) f; (f) 1; (f) 1; (f) 2; (f) 2; (f) f; (c) 1; (f) f; (f) 1; (f) f; (f) 1; (f) f; (f) 1; (f) f; (f) 1; (f) 1; (f) f; (c) 1; (f) f; (f) 1; (f) f; (f) 2; (f) f; (f) 1; (f) f; and (f) 3; (f) f; (f) 1; (f) f; (f) 1; (f) f) f) f);