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(영문) 광주지방법원 2015.04.21 2014가단56664

부당이득금반환

Text

1. The Defendant’s KRW 59,573,583 as well as the Plaintiff’s annual rate from July 11, 2010 to October 24, 2014.

Reasons

1. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the statement No. 1 of recognized facts.

On May 1, 2005, the Defendant subscribed to the Plaintiff’s undividendd DI military insurance.

B. Around November 19, 2007, the Defendant was hospitalized for 27 days at a hospital located in Seo-gu Daejeon, Daejeon, Daejeon, by the left-hand sleuk-gu, the left-hand sleuk-gu, the upper half of the year.

However, in fact, the defendant's degree of injury was not a serious injury required to be hospitalized, and even if it was sufficient to receive outpatient treatment, the defendant was hospitalized in excess of the symptoms to receive insurance money, and the defendant was hospitalized without permission during the period of hospitalization.

However, on December 24, 2007, the Defendant submitted the documents of hospitalization, etc. to the Plaintiff, that is, received KRW 1,204,680 from the Defendant’s bank account for long-term illness expenses, etc., and received KRW 1,204,680 from that time to July 10, 2010 by exaggerationing the symptoms through the above method, thereby receiving insurance proceeds equivalent to KRW 59,573,583 from the Plaintiff.

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 59,573,583 won as damages for tort and damages for delay calculated at the rate of 5% per annum under the Civil Act from July 11, 2010 to October 24, 2014, the delivery date of the copy of the complaint of this case, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the plaintiff's claim of this case is justified and it is so decided as per Disposition.