beta
(영문) 서울중앙지방법원 2019.11.25 2018가단5197455

부당이득금

Text

1. The Defendant’s KRW 124,975,482 as well as 5% per annum from May 14, 2016 to May 28, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 2007, the Plaintiff entered into a “C insurance contract (hereinafter “instant insurance contract”) with the Defendant, and the Plaintiff’s payment of insurance money to the Defendant when the Defendant was hospitalized due to injury or disease.”

B. In relation to the instant insurance contract, the Defendant was prosecuted for fraud (the Jeju District Court Decision 2016Da1789), and was sentenced to three years of imprisonment on October 6, 2016. The summary of the part relating to the instant insurance contract among the criminal facts is as follows.

On May 19, 2007, the defendant was diagnosed as relatively minor light signboard escape certificates, urology disease, etc., and was able to receive pain treatment, but was hospitalized by an insurance company and received hospitalization fees from the insurance company, and subscribed to seven insurance companies, including the plaintiff and D corporation, by October 26, 2007.

The defendant from November 16, 2007 to the following year:

1. Until 2.2. Around January 2, 2008, the F Hospital located in Sinpo-si E was diagnosed as a critical signboard escape certificate, etc., and thereafter the outpatient treatment or short-term hospital treatment is possible after receiving insurance money through long-term hospitalization, and received hospitalized treatment more than the actual number of hospitalization days for the purpose of using it in living expenses, personal debt repayment, etc., and submitted to the Plaintiff a certificate of entrance discharge and diagnosis issued by F Hospital, and a written claim for payment of insurance money on or around January 2, 2008.

As a result, the defendant received 1,289,780 won as the party membership fee from the plaintiff on January 15, 2008 and acquired 124,975,482 won in total until May 13, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number, if any) and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, the defendant is the delivery date of a copy of the complaint of this case from May 14, 2016, which is the day following the payment date of insurance money acquired by deceit as above to the plaintiff and the day following the payment date of final insurance money.