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(영문) 인천지방법원 2018.07.27 2018가합54087

부당이득금

Text

1. The plaintiff's main claim is dismissed.

2. An insurance contract entered into between the Plaintiff and the Defendant as shown in attached Table 1 shall be dated 2018.

Reasons

1. Basic facts

A. On June 4, 2008, the Defendant entered into an insurance contract in attached Form 1 (hereinafter “instant insurance contract”) with the insured as the Defendant and the insurance period from June 4, 2008 to June 4, 2031 (hereinafter “instant insurance contract”).

B. From December 23, 2008 to January 5, 2009, the Defendant received hospitalized treatment for 14 days from C Hospital’s 14 days on the grounds of an infectious disease, such as chloatitis, kneomanitis, and other acute chloatitis, acute chloatitis, and acute chloatitis, etc., as indicated in the attached Table 2, and during the period from December 23, 2008 to July 27, 2015, the Defendant was hospitalized for 561 days in total, and the Plaintiff paid insurance money of 14,163,608 won in total to the Defendant according to the insurance contract of this case.

C. From June 4, 2008 to July 17, 2016, the Defendant concluded a majority of insurance contracts with himself or herself as the insured, and the details are as listed in the attached Table 3.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 13 through 26 (including Serial number; hereinafter the same shall apply), each statement in this Court E Co., Ltd., F Co., Ltd., G organization, H Co., Ltd., and I Co., Ltd., as a result of each financial transaction information inquiry into and inquiry into I Co., Ltd.

2. The parties' assertion

A. The Plaintiff’s assertion 1) In light of the fact that the Defendant concluded the instant insurance contract with a view to illegally acquiring the insurance proceeds through multiple insurance contracts, the instant insurance contract is null and void pursuant to Article 103 of the Civil Act. The Defendant received totaling KRW 14,163,608 according to the instant insurance contract null and void, and thus, is obligated to return the said insurance proceeds and damages for delay thereof to the Plaintiff as unjust enrichment. 2) Preliminaryly, even if the instant insurance contract does not become null and void, the trust relationship, which serves as the basis of the instant insurance contract, is destroyed by repeated treatment by the Defendant.

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