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(영문) 광주지방법원 2018.03.07 2015가단516002

부당이득금

Text

1. The Defendant’s KRW 7,591,737 as well as the Plaintiff’s annual rate of 5% from July 9, 2015 to March 7, 2018.

Reasons

1. Basic facts

A. The plaintiff is an insurance company that runs insurance business, such as various non-life insurance and accident insurance, and the defendantNa.

is a contractor of an insurance contract described in the subsection.

B. (1) On July 30, 2009, the Defendant purchased an insurance contract with Nonparty B as the insured, and as the beneficiary of the insurance money, and subscribed to a non-dividend franchise insurance (hereinafter “the instant insurance”) with the insurance period from July 30, 2009 to July 30, 205.

After that, on December 4, 2012, the contractor of the instant insurance changed to Nonparty C, and on September 11, 2013, the policyholder and the beneficiary changed to Nonparty B on December 24, 2014.

On January 23, 2015, the beneficiary of the instant insurance proceeds was changed from Nonparty B to Nonparty D.

At present, the contractor and the insured of the instant insurance contract were Nonparty D, but the Defendant directly received the insurance money due to Nonparty B’s hospitalization at the time of the beneficiary of the insurance money of the instant insurance contract.

(2) Major security matters of the instant insurance contract include ① the amount of subscription to the instant insurance contract in the event of death due to general injury, ② the amount of subscription to the insurance contract in accordance with the payment rate in the event of disability, ② the amount of general injury, death, and disability after disability, ② the amount of subscription to the instant insurance contract in the event of being hospitalized in the hospital due to an injury; ③ the amount of injury per day of hospitalization in the event of being hospitalized in the hospital; ③ the amount of 30,000 won per day of hospitalization in the event of being hospitalized in the hospital; ④ the amount of 16 major disease per day of being diagnosed and confirmed as 16th disease and paid KRW 70,000 per day of hospitalization in the event of being hospitalized in the hospital for more than 4 days; ⑤ the amount of 50% of the amount of subscription to the insurance contract at the time of being hospitalized in the hospital for more than 61 days, and the amount of 50% of the subscription amount per day of hospitalization in the hospital is paid.

(iii).