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(영문) 광주지방법원 2016.12.15 2015가합57555

부당이득금

Text

1. It is confirmed that an insurance contract described in Attachment 1 List 1, which is concluded between the Plaintiff and the Defendant, is null and void.

2...

Reasons

Basic Facts

A. On April 6, 2009, the Plaintiff entered into an insurance contract with the Defendant as the insured (hereinafter “Class 1 insurance contract”); on November 30, 2009, the Plaintiff entered into each of the insurance contracts listed in [Attachment 1] Nos. 2 and 3 (hereinafter “Class 2 insurance contract”; and on November 30, 2009, each of the insurance contracts listed in [Attachment 1] Nos. 2 and 3 (hereinafter “Class 3 insurance contract”; hereinafter “each of the instant insurance contracts”) with the name of the Defendant as the insured.

B. From April 9, 2010 to October 27, 2014, the Defendant paid the Plaintiff’s insurance proceeds, as indicated in the attached Table 2, for 603 days, as well as for the Defendant received hospitalized treatment for 5 days from April 9, 2010 to 36 days from April 9, 2010 to October 27, 2014. The Plaintiff paid the Defendant a total of KRW 100,287,916 ( KRW 71,938,770, KRW 770, KRW 269, KRW 146, and KRW 26,749, KRW 3, pursuant to the insurance contract under the first insurance contract, KRW 160,00 under the second insurance contract, KRW 15,485,156 in total to B and the Defendant under the third insurance contract. Of these, the amount paid to the Defendant is KRW 160,000).

C. The status of the conclusion of each insurance contract with the defendant as the insured and the contents of each insurance contract of this case which was maintained at the time of the conclusion of each insurance contract of this case or concluded after each of the insurance contracts of this case, and the insurance money that the defendant received from the insurance companies including the plaintiff under each of the above insurance contracts are as listed below.

On December 14, 2004, 69.70, 70, 420 of the company name insurance contract, monthly payment insurance premium (won), insurance premium (cost) / the insured non-insured 1,32, 1132, 14, 70, 204, 209, terminated on November 9, 2009. 85,030, 71,938, 770 Defendant / Defendant 13G non-life insurance policy of Defendant 1/ Defendant 10, 54, 2009. < Amended by Presidential Decree No. 21747, Apr. 6, 2009; Presidential Decree No. 21355, Nov. 19, 2009>