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(영문) 광주지방법원 2018.02.28 2015가단517494

부당이득금

Text

1. The Defendant’s KRW 8,893,716 with respect to the Plaintiff and KRW 5% per annum from February 6, 2015 to February 28, 2018.

Reasons

1. Basic facts

A. The plaintiff is an insurance company that runs insurance business, such as various non-life insurance and accident insurance, and the defendantNa.

is a contractor of an insurance contract described in the subsection.

B. (i) On March 19, 2010, the Plaintiff entered into an insurance contract with the Defendant and the Defendant as the contractor, the insured, and the beneficiary of the non-life insurance contract, and entered into the following insurance contract (non-distribution multi-use insurance contract, hereinafter the “instant insurance contract”) with the coverage of the daily amount for injury and disease, etc. from March 19, 2010 to March 19, 2061.

The key security matters of the instant insurance contract are ① the amount of subscription in the event of death due to general injury, ② the amount of subscription in the event of death, ② the amount of general injury, death, and disability after the death of the patient. ② the amount of subscription in the event of injury, ② the daily amount of injury in the event of being hospitalized in the hospital due to an injury, ③ the daily amount of hospitalization in the event of being hospitalized in the hospital, ③ the amount of 30,000 won per day of hospitalization in the event of being hospitalized in the hospital, ④ the daily amount of hospitalization in the event of being diagnosed in the 16th disease, ④ the amount of 16th disease daily amount of 70,000 won per day of hospitalization in the event of being diagnosed in the 4th disease, ④ the amount of 50% of the amount of subscription in the event of being hospitalized in the hospital, and the amount of 50% of the amount of subscription in the event of being hospitalized in the hospital is paid for 61 days or more.

Article 22(1) of the Civil Procedure Act provides that “The Defendant shall have been hospitalized for 19 days at the time of the purchase of the instant insurance contract,” and the Defendant shall have been hospitalized for 12 days at the time of the purchase of the instant insurance contract on April 13, 2010.” From January 24, 2015 to January 24, 2015, the Defendant was hospitalized for 25 days at the time of 12 times, including the instant oriental medical hospital.

.the date of the accident;