부당이득금반환
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. The Plaintiff filed a claim against the Defendant to return the insurance proceeds that the Plaintiff paid to the Defendant constituted unjust enrichment and thus, the amount of KRW 9,411,219.
The defendant filed a counterclaim seeking additional payment of KRW 7,000,000 of the general injury insurance money.
The first instance court accepted only the part of the claim for the return of KRW 3,00,000 paid as the insurance money of the ordinary injury in the principal lawsuit, and dismissed the remainder of the principal lawsuit and the defendant's counterclaim.
Since only the defendant appealed against this judgment, the scope of the judgment of this court is limited to the claim for the return of the general injury insurance amount of KRW 3,000,000 and the part of the counterclaim claim of the defendant.
2. Facts of recognition;
A. The Defendant concluded an insurance contract with the Plaintiff as the insured on May 14, 2012, and concluded an insurance contract (i) with the Plaintiff as the insured on May 14, 2012, which guarantees the scope of KRW 90,000,000 of the purchase amount of the insurance amount to cover the disability caused by general injury, etc., within the limit of KRW 90,000,000.
(2) On May 21, 2012, the insurance period from the same day to May 21, 205, concluded an insurance contract of "non-dividend M-Sgory 1024" (hereinafter "insurance certificate No. C", "the insurance certificate No. 2," and "the total insurance contracts No. 1 and No. 2") that guarantees the injury, etc. caused by general injury within the insurance amount of 110,00,000 won.
B. The content of each of the instant insurance contracts provides for the grounds for paying the insurance proceeds of disability caused by general injury among the terms of each of the instant insurance contracts are as follows.
Article 17 of the General Terms and Conditions (Types and Grounds for Payment of Insurance Money) The company shall, when any of the following events occurs to the insured (person subject to insurance) as the beneficiary (person receiving the insurance money) as follows: