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(영문) 광주지방법원목포지원 2017.07.20 2015가합12326

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 17, 2008, the Defendant concluded an insurance contract with the Plaintiff on November 17, 2008, stating that the Plaintiff is the insured or beneficiary of insurance money out of death, and that the insured would receive hospital treatment from the Plaintiff when receiving hospital treatment due to injury, disease, etc. (hereinafter “instant insurance contract”).

B. From July 3, 2010 to July 12, 2010, the Defendant was hospitalized in B Hospital for a total of 727 days as shown in attached Table 2 from September 6, 2014, as well as from July 3, 2010 to July 12, 2010, and received from the Plaintiff KRW 95,384,40 as insurance money under the instant insurance contract.

C. Meanwhile, the insurance contract concluded between the insurance company including the plaintiff and the defendant before and after the conclusion of the instant insurance contract, and the insurance premium, hospitalization daily allowance, and the details of the insurance money paid according thereto are as listed in the following table.

. Table: insurance contract No. 2. 1: insurance premium of 0. 12,100,000 won for each 2.3 billion won for each insurance company; insurance premium of 1. 2. 5 billion won for each injury per admission (won); 2. 30,000 won for each non-life insurance; 2. 30,000 won for each non-life insurance of 2. 30,000 won for each non-life insurance of 2. 4. 15, 201; 30,000 won for each non-life insurance of 2. 30,000 won for each non-life insurance; 30,000 won for each non-life insurance of 2. 30,000 won for each non-life insurance of 1. 6,000 won for each non-life insurance of 2. 30,000 won for each non-life insurance of 1. 6,900