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(영문) 서울중앙지방법원 2018.03.29 2017나51862

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant entered into an insurance contract between the Plaintiff and the beneficiary and the insured (hereinafter “Non-Distribution NwL Policy 0808”) and “Non-Distribution Rate Drivers Insurance 0810”.

B. Under each of the above insurance contracts, the Defendant received KRW 1,105,720 from the Plaintiff on November 13, 2009 on the ground that he/she was hospitalized with Cneology, etc. from Sep. 7, 2009 to Sept. 29, 2009 on the ground that he/she was hospitalized with Cneology, etc., due to a side signboard disorder, etc., and received KRW 2,483,300 from the Plaintiff on the ground that he/she was hospitalized with the same hospital from Mar. 13, 2010 to Apr. 3, 2010 on the ground that he/she was hospitalized with a side signboard disability, etc.

C. Although the Defendant was hospitalized in the form of the above hospital at any time during the period of hospitalization, and was hospitalized in the company at any time to engage in insurance business, etc., the Defendant was issued a summary order of KRW 7 million on April 19, 2012 and was sentenced to a fine of KRW 3,589,020 on February 19, 2014, by committing a criminal act, such as receiving false insurance money from the Plaintiff by receiving a medical certificate as if he/she had been hospitalized in the hospital normally at the hospital and received treatment, and submitting it to each insurance company with a certificate of entrance and discharge (= KRW 1,05,720, KRW 2,483,300).

The Defendant appealed as the District Court 2014No617, but the appeal was dismissed by the ruling on June 25, 2014, and the reappeal was also dismissed by Supreme Court 2014Mo1786, but the reappeal was also dismissed on August 25, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is hospitalized.