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(영문) 광주지방법원순천지원 2016.01.12 2015가합13097

부당이득금 등

Text

1. It is confirmed that the insurance contract described in Attachment 1 List 3 between the Plaintiff and the Defendant is null and void.

2...

Reasons

1. Basic facts

A. The Plaintiff entered into the instant insurance contract with the Defendant on September 27, 200, September 11, 2002, and July 9, 2009, each of the insurance contracts listed in the separate sheet No. 1 (hereinafter “instant No. 1 insurance contract”), which included the content that guarantees the daily amount of hospitalization between the Defendant and the Defendant on September 2, 2009 (hereinafter “instant Type 2 insurance contract”), “instant Type 2 insurance contract”, and “instant Type 3 insurance contract” as of September 11, 2002, respectively. < Amended by Presidential Decree No. 19554, Jul. 9, 2009>

B. The Defendant’s hospital hospitalization and the Plaintiff’s payment of the insurance proceeds as indicated in the attached Form 2 are as follows: (a) the Plaintiff paid the total amount of the insurance proceeds paid by the Plaintiff from the Plaintiff on December 14, 2015 in accordance with each of the instant insurance contracts, as KRW 101,894,796, but did not reduce the purport of the claim.

(2) The Plaintiff paid KRW 50,106,612, which was the first insurance contract of this case ( KRW 27,235,451).

C. From September 27, 200 to March 18, 2012, the Defendant concluded multiple insurance contracts including each of the instant insurance contracts, as listed in the following table, and received KRW 23,840,00 from the Korea Bio-resources, KRW 16,150,00 from the KIN Bio-resources, and KRW 66,00 from the KIN Bio-resources, in addition to KRW 101,894,796 received from the Plaintiff, and received KRW 152,675,469 in total.

On September 27, 2000, the monthly insurance premium for the product name of the insurance company on September 27, 200, KRW 42,700, 110,000 for the Korean Commercial Non-Distribution Standard Insurance 310,000 won on September 11, 2002; KRW 96,370 on March 26, 2007; KRW 46,370 for the Korean Commercial Life Non-Distribution Standard Insurance 96,370 on June 19, 2008; KRW 119,650 on June 19, 208; KRW 519,850 for the Korean Commercial Non-Distribution Standard Insurance 119,850 won on July 9, 200; and KRW 310,000 for the No. 10384, Oct. 6, 2010 for the No. 10848, Nov. 28, 2010>

D. The defendant has since 2004.