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(영문) 광주지방법원목포지원 2017.09.28 2017가합11808

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 19, 2009, Defendant A: (a) between the Plaintiff and the beneficiary of the insurance contract; (b) concluded an insurance contract indicated in attached Table 1 with the content that the Plaintiff would receive hospital treatment due to injury, disease, etc. (hereinafter “instant insurance contract”); and (c) on September 15, 201, Defendant A changed the contractual party of the instant insurance contract and the beneficiary of the non-life insurance from Defendant A to Defendant B.

B. Defendant A was hospitalized for a total of 659 days, as shown in attached Table 2, from April 20, 2009 to May 4, 2009, for 15 days, due to the salt dye, bones, etc. at C Hospital.

In addition, as insurance money under the insurance contract of this case, Defendant A received KRW 13,080,00, and Defendant B received KRW 29,960,189.

C. On the other hand, the insurance contract concluded between Defendant A and his children before and after the conclusion of the instant insurance contract with the insurance company including the Plaintiff and the Defendant A as the insured, and the insurance premium, daily admission allowance, etc. paid accordingly are as listed in the following table.

The table: insurance contract details No. 137,800 Samsung Fire & Marine E on April 4, 2006, Samsung 137,800, 200, 300, 200, 200, 300, 47, 47, 200, 50, 200, 200, 20, 300, 200, 205, 200, 200, 205, 200, 47, 20, 50, 200, 20, 205, 20, 200, 205, 30, 205, 200, 205, 200, 205, 200, 205, 205, 300, 205, 205, 205, 200