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(영문) 광주고등법원 2016.09.23 2015나12061

부당이득반환등

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On Nov. 21, 2008, the Defendant concluded an insurance contract with the Green Damage Insurance Co., Ltd. (hereinafter “Nonindicted Company”) as the insured on Nov. 21, 2008 (hereinafter “instant insurance contract”). On May 3, 2013, the Plaintiff was transferred the status of the insurer from the Nonparty Company.

B. From December 26, 2008 to April 24, 2014, the Defendant received hospitalized treatment for 409 days in total at least 22 times as shown in the attached Table 2, and received KRW 31,270,000,000 from the Nonparty Company and the Plaintiff as insurance money under the instant insurance contract.

C. From October 26, 2004 to September 17, 2010, the Defendant purchased a large number of guaranteed insurance policies and received insurance proceeds therefrom as the insured. The details are as follows.

(The instant insurance contract is different from the nature of the instant insurance contract, or the instant contract was terminated at the time of the instant insurance contract. The entry of the type of the insurance company is omitted.

1. Insurance premium payment of 1.0 LB 1.36 October 26, 2004; 2AI 2.39,370 Gaz 39,370 on May 17, 2006; 30.0 Gaz 2.07 Gaz 9,000 Gaz 2.07 Gaz 2.07 Gaz 9,000 Gaz 2.40,000 Gaz 9,000 Gaz 9,000 Gaz 2.15,000 Gaz 2.07 Gaz 9,000 Gaz 8,000 Gaz 9,000 Gaz 2.4,000 Gag 8,000 Gag 1,208 Gag 1,208 Gag 208 Gag 1,2008