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(영문) 광주지방법원순천지원 2017.11.30 2015가단72822

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On February 17, 2009, the Defendant entered into an insurance contract with the Defendant as the insured (hereinafter “instant insurance contract”). The instant insurance contract contains a special agreement that guarantees the daily amount of hospitalization in cases where the Defendant, the insured, is hospitalized by injury or disease.

B. The Defendant paid the occurrence of an insurance accident and the amount of the insurance proceeds, as indicated in the attached Form, was hospitalized at B hospital for reasons of compromise, etc. from November 24, 2010 to November 30, 2010, and was hospitalized for a total of 458 days during the period from November 24, 2010 to November 17, 2014. According to the insurance contract of this case, the claimed amount of KRW 67,247,587, total sum of the insurance proceeds from the Plaintiff as the daily amount of hospitalization, etc. according to the insurance contract of this case, is included in KRW 67,47,587, but the amount of insurance proceeds that the Defendant did not claim but did not pay is included in KRW 28,938,00.

was paid by the Corporation.

C. The insurance contract concluded before and after the conclusion of the instant insurance contract as the insured before and after the conclusion of the insurance contract is as stated in the attached Form.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was that the Defendant concluded the instant insurance contract for the purpose of unjust acquisition of the insurance money, and the instant insurance contract is null and void as it goes against good morals and other social order as stipulated in Article 103 of the Civil Act. The Defendant concluded the instant insurance contract in violation of the duty of disclosure, as well as the Defendant concluded the instant insurance contract in violation of the duty of disclosure, and received the insurance money by

Therefore, the defendant is obligated to return the insurance proceeds received from the plaintiff as unjust enrichment according to the insurance contract of this case.

3. Determination

A. As to the allegation of violation of Article 103 of the Civil Act, a number of insurance policyholders are insurance contracts.

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