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(영문) 광주지방법원 목포지원 2017.02.16 2016가합11832

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 18, 2008, the Plaintiff and the Defendant concluded an insurance contract with the Defendant as the insured on the attached Form 1.

(hereinafter “instant insurance contract”). (b)

From April 30, 2003 to August 21, 2009, the Defendant entered into a total of six insurance contracts with KRB life insurance companies, etc. as the insured as shown in attached Table 2, including the instant insurance contract. Among them, the sum of the monthly insurance premiums under three insurance contracts, including the instant insurance contract, including the daily allowances for disease hospitalization or the daily allowances for injury hospitalization, is KRW 101,500.

C. From December 20, 2010 to February 2, 2015, the Defendant was hospitalized for 179 days in total as shown in attached Table 3, and accordingly, received total amount of KRW 46,027,350 from each of the above insurance companies, and among them, received insurance proceeds of KRW 15,480,000 from the Plaintiff.

[Ground of recognition] The absence of dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1-2, Eul evidence Nos. 1-2, Eul evidence Nos. 3-2, Eul evidence Nos. 1, 2, Eul evidence Nos. 4, 5, Eul evidence No. 6-1 through 4, Eul Nos. 7, 8, and Eul evidence Nos. 7 and 8, Eul's response to this court's order to submit information of this court, Eul's response to this court's order to submit information of this court's financial transaction, Nonghyup Insurance Co., Ltd., Carl Life Insurance Co., Ltd., Lienna Co., Ltd., Lienna Life Insurance Co., Ltd., Ltd., Libal Life Insurance Co., Ltd., Ltd., Samsungyang Insurance Co., Ltd., Ltd., Samsung Fire Insurance Co., Ltd., Dong Fire Insurance Co., Ltd., research Co., Ltd., Ltd., Insurance Co., Ltd., Ltd., Ltd.