부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On December 2, 2014, the Plaintiff asserted that the former District Court applied for a payment order against the Defendant under the Militarysan Branch of the Jeonju District Court 2014 tea3093.
A summary of the grounds for the claim asserted by the plaintiff is as follows.
On November 18, 2009, the Plaintiff concluded a non-dividendd Medical Insurance Contract (B) with the Defendant, and on December 31, 2009, the respective insurance contract of each of the instant case (hereinafter “instant insurance contract”) with each of the insured and the beneficiaries as the Defendant.
On January 15, 2010, the Defendant hospitalized 8,320,000 won as 122 days due to a disease, and was hospitalized on July 22, 2010 as 21, and received KRW 2,100,000 as 112 days due to a disease due to Hudula on November 8, 2010 as 10,990,000 as insurance money.
In accordance with each insurance contract of this case, 28,230,054 won was received according to the total insurance amount according to the insurance contract of this case after hospitaling the total amount of 52 days due to an external injury and
At the time of insurance coverage, the defendant is presumed to have concluded multiple guaranteed insurance with other insurance companies in addition to the plaintiff company, and paid the insurance premium in excess of income, and received a high amount of guaranteed insurance money due to a multiple disease accident.
Therefore, each insurance contract of this case between the plaintiff and the defendant is null and void in accordance with Article 103 of the Civil Code, and the defendant is obligated to return the insurance money acquired without legal cause.
2. At the time of filing an application for a payment order, the Plaintiff submitted a summary statement of the Defendant’s contract and accident.
The evidence on the fact that the defendant's hospitalized treatment alleged by the plaintiff as the ground for application need not be submitted, on the fact that the defendant concluded a multiple insurance contract with another insurance company and received a large amount of insurance proceeds.
The Defendant filed an objection against the payment order on January 14, 2015, and the Plaintiff filed an objection to the payment order on February 9, 2015, the Plaintiff filed an application for implementation as conciliation under the Jeonju District Court 2015S2082.
On July 1, 2015, mediation was not established at the mediation date.
The plaintiff on July 9, 2015.