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

The purport of the claim and appeal is the purport of the appeal.

A. On April 11, 2008, the Plaintiff, an insurance company, entered into an insurance contract with the Defendant stating that the Defendant shall pay insurance money for illness or injury to the Defendant as the insured (hereinafter “instant insurance contract”).

B. Under the instant insurance contract, from April 11, 2010 to June 7, 2015, the Plaintiff paid KRW 4,621,190 to the Defendant as indicated in the following table.

B C C

C. On the other hand, on November 22, 2016, the Defendant was sentenced to the suspension of indictment for the criminal facts that “it was hospitalized for 85 days every four times from April 12, 2010 to July 20, 2015, and received the total of KRW 17,26,982 from four insurance companies, including the Plaintiff, and received the total of KRW 17,26,982 from the Plaintiff.” According to the non-prosecution decision, the above investigation agency recognized the above criminal charges based on the reply of the Health Insurance Review and Assessment Service, “The proper number of days of hospitalization by the Defendant is 4,7 days in total, 28 days in total, as indicated in the table of the above B.)”

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff's assertion (1) is that the defendant deceivings the plaintiff by means of long-term hospitalization exceeding the reasonable hospitalization days, and thus, the defendant is liable to compensate for damages caused by the tort, and even if not, the defendant gains profit equivalent to the above insurance money without any legal ground and thereby causes damage to the plaintiff equivalent to the above amount. Therefore, the above insurance money should be returned as unjust enrichment, and the amount of insurance money equivalent to the above insurance money should be returned as unjust enrichment.