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(영문) 서울중앙지방법원 2015.02.12 2012나55951

부당이득금반환

Text

1.The part of the judgment of the court of first instance regarding the complaint, including claims extended and reduced in the trial, shall be as follows:

Reasons

1. Facts of recognition;

A. On December 31, 1998, the defendant A conspired with the deceased I (hereinafter "the deceased"), who was her husband, and L was driving a Ma Belgium car on the front side of KJ located in the Jeonnam-gun, Jeonbuk-gun on December 31, 1998, and the deceased was found to have immediately discovered and stopped a gallon driver car of the deceased, but it did not reach the above Belgium driver car, and there was an accident of receiving a backer of the above gallon driver car as the fronter of the above gallon car. Despite the fact that the deceased and the above gallon driver car suffered minor injuries, the deceased was hospitalized for 60 days in total, 30 days in total, 40 days in total, 10 days in total, 30 days in total, 40 days in total, and 19 days in total, 30 days in total, and 19 days in total, 30 days in total and 4 days in total, and 199 days in total, 19 days in total.

Defendant A and the Deceased merely suffered minor injuries that need not be hospitalized due to the above accident, but they claimed insurance money from the Plaintiff after receiving hospitalized treatment. The Defendant A and the Deceased acquired the sum of KRW 29,623,404 from the Plaintiff as indicated in the following table, and the Deceased acquired the sum of KRW 8,515,095, respectively.

Defendant A was prosecuted (the first instance court: the Jeonju District Court Decision 2005Ma1640, the appellate court: 2006No548) due to criminal facts, such as defraudation of the above insurance proceeds against the Plaintiff, and was sentenced to a judgment of conviction of two years of suspended execution in one year and six months, and the above judgment was finalized on July 12, 2007 (the Supreme Court Decision 2007Do1719).

(1) The amount obtained by deceitation of the amount obtained by Defendant A on January 12, 200 by fraud shall be KRW 4,721,947 on June 15, 2001, KRW 32,583,59 on June 15, 2001, KRW 300,433 won on July 13, 2001. < Amended by Presidential Decree No. 17417, Mar. 22, 2002; Presidential Decree No. 17568, Mar. 23, 2002; Presidential Decree No. 17507, Nov. 4, 2002>