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(영문) 서울남부지방법원 2016.10.20 2016가단226459

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts of recognition are as follows: (a) although the defendant was not at a location to the extent that the medical treatment is needed due to traffic accidents, he/she has received medical treatment at a hospital and received insurance money by means of receiving insurance money; and (b) was hospitalized at a hospital on the ground that he/she suffered bodily injury due to traffic accidents that occurred on February 27, 2006; and (c) was hospitalized at the hospital, and the defendant was hospitalized from the plaintiff on April 17,

4. Until November 26, 2006, the defendant was hospitalized in a hospital after being treated at the hospital, and the defendant was suffering from injury due to traffic accidents that occurred on or before December 25, 2006, and the sum of the insurance proceeds was 24,411,238 won from the plaintiff to March 5, 2009, and the defendant was hospitalized in a hospital due to traffic accidents that occurred on or after August 29, 2007, and was killed in a hospital and acquired the injury, and acquired the insurance proceeds by fraud from the plaintiff on March 1, 2009; the defendant was indicted by various deceptive facts that included the above deceptive act against the defendant; the defendant was sentenced to a judgment of the appellate court on June 14, 2007 to the judgment of the court of final appeal on February 13, 201, and the judgment of the appellate court on February 14, 2009 to the judgment of the court of final appeal became final and conclusive; and the defendant was sentenced to a judgment of the appellate court on February 13, 10.

2. According to the above facts of recognition as to the statute of limitations defense, unless there are special circumstances, the defendant is liable to compensate the plaintiff for damages equivalent to the amount acquired by deceit. However, since the defendant filed the lawsuit of this case after the expiration of the statute of limitations of the plaintiff's right to claim damages, the defendant has the right to claim damages extinguished by the statute of limitations. Thus, according to the above facts of recognition, the defendant's above act of