A. The Defendant purchased three insurance products, such as the Plaintiff’s “Health Insurance Insurance (Refund type) during the Undividend Women’s Period,” “Undividending Schlage Insurance (Refund type),” and “Undividend Samsung F&T type,” and received hospital treatment in the name of C Hospital located in Yasan-si B for the twenty-one day from January 16, 2009 to February 5, 2009, under the name of C Hospital in Yasan-si B, the Defendant claimed insurance money from the Plaintiff on February 17, 2009, and received KRW 1,200,311 as insurance money under the above “Health Insurance Act of Undividend Women’s Day,” and received insurance money from the Plaintiff on June 12, 2013 as stated in attached Table 42 times.

B. The Defendant: (a) purchased six insurance products from the Jeonju District Court 2016 High-Ma54; and (b) purchased six insurance products from the Defendant, including the Plaintiff, and (c) stayed in the hospital for a long time after being hospitalized and staying there in the hospital.

A total of 54,458,962 won, including the insurance money, was prosecuted with a suspicion of fraud.

C. The court of first instance found the Defendant guilty of all the charges and sentenced the Defendant a two-year suspended sentence for six months, and the above judgment became final and conclusive as it is, as the Defendant did not object to the suspended sentence.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that the Defendant took advantage of the instant insurance proceeds by defrauding them without any legal ground. As such, the Defendant is obligated to pay damages for delay from June 13, 2013, which is the day following the date of final receipt of the said insurance proceeds, to the Plaintiff, for restitution of unjust enrichment or tort damages equivalent to the sum of the instant insurance proceeds.

B. According to the above facts of recognition, the defendant acquired the insurance proceeds of this case.