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(영문) 광주지방법원목포지원 2017.11.02 2017가합11785

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On September 6, 2005, the Defendant determined himself as the insured or beneficiary of the insurance money, and concluded an insurance contract in the attached Form 1 with the content that the insured is receiving a hospital treatment due to injury or disease, etc. (hereinafter “instant insurance contract”).

B. From February 9, 2011 to February 24, 2011, the Defendant was hospitalized in the Jeonnam Hospital for a total of 495 days as shown in attached Table 2 until March 2015, as well as for a total of 16 days after being hospitalized in the Jeonnam Hospital due to crymatitis.

In addition, the Plaintiff received KRW 36,082,908 as insurance money under the instant insurance contract.

C. Meanwhile, before and after the conclusion of the instant insurance contract, the insurance contract concluded between the insurance company including the Plaintiff and the Defendant as the insured, and the insurance premiums and hospitalization allowances paid therefrom are as listed in the following table.

5. Table: insurance contract Nos. 1. 1. 440. 20. 8. 13. 127, 924. 40, 130, 130, 200, 20. 1. 1. 40, 200, 1. 1. 40, 1. 20, 200, 1. 1. 40, 200, 200, 130, 130, 200, 200, 200, 200, 200, 200, 200, 4. 20, 200, 200, 1. 4. 1, 31-1, 31, 500, 200, 20, 4. 16. 1, 200, 208, 201, 4.