beta
(영문) 서울중앙지방법원 2016.10.26 2016나48142

손해배상(기)

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. Facts of recognition;

A. The Defendant, who receives KRW 20,000 per day of hospitalization due to an ordinary injury, concurrently subscribed to the Plaintiff’s Alphapl US Guarantee Insurance (hereinafter “instant insurance”) (hereinafter “instant insurance”), and was in excess of his house stairs located in Yangcheon-gu Seoul Metropolitan Government on April 8, 2012, and was in C Hospital on April 9, 2012.

4. 11 days until September, and from April 25, 2012 at a D hospital.

5. Until June 25, 201 and June 1, 2012

7. From 24 up to 54 days to 24, a total of 96 days, “In the instant case, knenee-gel-gel-gel-gel-gel-gel-gel-gel-gel-gel-gel-gel-gel-gel-gel-gel-gel-gel-grad-gel-gel-gel-gel-gel-gin (hereinafter “instant injury”). Accordingly, a total of 3.84 million won per day

(The final payment date is August 20, 2012). (b)

On March 20, 2015, the Defendant received the insurance proceeds of this case from the nine insurance companies, including the Plaintiff received the insurance proceeds of this case from the Plaintiff, and received the total sum of KRW 23,326,349 from the injury of this case, and received the indictment for the crime of defrauding them.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 3 (including virtual numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the Defendant was hospitalized even in a situation where hospitalization is not required, received the instant insurance money from the Plaintiff, and ultimately inflicted damages on the Plaintiff. As such, the Defendant is obligated to pay to the Plaintiff damages for KRW 3.84,00 as damages, the Defendant is obligated to pay 5% per annum under the Civil Act from August 21, 2012 to February 11, 2016, the delivery date of a copy of the instant complaint from August 21, 2012 to February 11, 2016, the delivery date of a copy of the instant complaint, and damages for delay calculated by 15% per annum under the Act on Special Cases concerning the Promotion,

B. As to this, the defendant is stipulated in the insurance of this case.