부당이득반환청구 등
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance except for the following parts, and thus, it is acceptable to accept this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
From 3th to 13th of the judgment of the first instance court shall be followed as follows.
In light of the fact that Defendant A was hospitalized according to the diagnosis of a doctor who directly conducted a medical examination, and there is no clear evidence to suspect that the diagnosis of such doctor was wrong, Defendant A cannot be deemed to have been unduly hospitalized despite the absence of the need for hospitalization, and the entries in the evidence Nos. 4 and 5 to the effect that Defendant A was unfairly hospitalized do not interfere with the above viewing.
Therefore, the plaintiff cannot seek the return of the insurance money that was already paid to the defendants as unjust enrichment return, and the plaintiff bears the obligation to pay the insurance money for hospitalized treatment as shown in the attached Table 2. Therefore, the plaintiff's assertion is without merit.
2. In conclusion, the plaintiff's claim of this case shall be dismissed in its entirety as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.