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(영문) 서울중앙지방법원 2018.08.24 2017나87564

부당이득금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 5, 200, the Defendant concluded an insurance contract (hereinafter “instant insurance contract”) including the content, etc. to be paid insurance money in proportion to the number of days when the Defendant received hospitalized treatment between the Plaintiff and the Plaintiff.

B. After that, the Defendant: (a) from March 21, 2013 to March 21, 2013, the term “C Hospital” located in Kimpo-si, Kimpo-si, Kimpo-si, etc., under the name of the disease, such as Hupo, Hupo

4. On the ground that he/she received hospitalized treatment from December 2, 2013 to March 15, 2014, the Plaintiff claimed insurance proceeds for twenty-six (26) days, and from December 2, 2013 to March 15, 2014, and received KRW 1,150,000 from the Plaintiff on May 10, 2013, and KRW 6,150,000 of the insurance proceeds on April 1, 2014.

C. However, the Defendant was issued a disposition of suspension of indictment on March 2, 2017, on the ground that: (a) it is possible for the Defendant to sufficiently treat the Plaintiff, who was an insurance company, to have been hospitalized for the same period after having filed an appeal for the above illness, and by deceiving the Plaintiff (i.e., the insurance company) to receive hospitalized treatment during the same period; and (b) it was recognized that the Defendant acquired the insurance proceeds received as of May 10, 201 from the Plaintiff (i.e., KRW 11.5 million out of the insurance proceeds received as of April 1, 2014), but there is no criminal power, etc. on the ground that there is no need for the Defendant to receive hospitalized treatment (Fraud), the Defendant was subject to a disposition of fraud on the ground that the Defendant received the insurance proceeds received as of May 10, 2013 from the Plaintiff (i

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. The parties' assertion

A. As the cause of the instant claim, the Plaintiff asserts that, as indicated in the copy of the non-prosecution decision (Evidence A 3), the Defendant should return the insurance proceeds received from the Plaintiff as unjust enrichment, since the Plaintiff complained of the above symptoms even though the Defendant was diagnosed with minor diseases, such as “heat fry fry and fire extinguishing failure,” which do not require hospital treatment.

B. As to this, the Defendant shall have caused cerebral typhism around October 2009.