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(영문) 부산고등법원 2017.04.27 2016나55837

부당이득금

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court has accepted the judgment of the court of first instance are stated are 'the judgment of the court of first instance'.

A. Paragraph (3) 1 and 6 are used as follows, and 7 are the reasons for the judgment of the court of first instance (including the attached Form) except for adding the following parts, and they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be used or added (1) Of the 14th insurance contracts that the Defendant concluded, it is only two cases that were concluded before the conclusion of the instant insurance contract, and among them, the insurance contract concluded on October 2003 is the driver's accident insurance which differs from the main coverage of the instant insurance contract.

In addition, the time when the defendant concludes the ten collective insurance contracts is from March 2010 to July 2013. On the other hand, the insurance contract of this case was concluded on August 16, 2007 prior to about two years and seven months prior to the above time.

In light of the above circumstances, it is difficult to deem that the Defendant subscribed to the same guaranteed insurance as that of the short term at the time of entering into the instant insurance contract.

6. The Defendant’s insurance premium to be borne by the Defendant under four insurance contracts (see Table 2) including the instant insurance contracts before March 2010, which began to enter into the ten collective insurance contracts, shall be KRW 291,450 per month.

However, at the time of entering into the instant insurance contract, the Defendant only obtained a real estate rental revenue of the cost amounting to 850,000 won per annum from the Defendant’s husband, as well as from the Defendant’s husband’s wage and salary income of the cost amounting to 700-80 million won per annum. Thus, the said premium burden cannot be deemed as excessive compared to the Defendant’

7) After the insurance contract of this case, the Defendant first received hospitalized treatment from August 25, 2008, when one year has elapsed since the insurance contract of this case, and completed hospitalized treatment from that time until November 18, 2008, and then received hospitalized treatment on November 16, 2010, and three years and three months have elapsed since the date of conclusion of the insurance contract of this case.

As above, between the time of entering into the instant insurance contract and the time when the Defendant received hospitalized treatment.