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(영문) 서울중앙지방법원 2015.02.10 2014가단32418

부당이득금

Text

1. The Defendants shall jointly and severally file with the Plaintiff KRW 54,415,52, and with respect thereto, from January 28, 201 to February 10, 2015.

Reasons

1. Basic facts

A. Defendant A and Defendant B are married persons.

(Marriage Report was made around 2011 but it seems that it had been maintained de facto marriage for 20 years from before around 2011. Meanwhile, the defendants seem to have been divorced around August 2012.

On October 4, 2002, the Defendants concluded two insurance contracts (hereinafter collectively referred to as the “instant insurance contracts”) such as Non-Distribution Scastal A, the insured, the beneficiary A, and the beneficiary B, and the Non-Distribution Scastal Scastal Fastal Fastal Fast on May 10, 2002 between the Plaintiff as an insurance company and the Plaintiff as an insurance company.

C. Since February 18, 2004, from January 28, 201 to January 28, 201, the Defendants filed a claim against the Plaintiff for insurance proceeds arising out of an insurance accident on a total of 37 occasions in attached Table 1, 1, 2, 3, 5, 7, 13, 14, 15, 16, 27, and 28, as shown in attached Table 1, and both the Defendant and Nonparty C claimed the remainder of the insurance proceeds.

the insurance money of KRW 69,608,000 was paid in total.

Defendant A, other than the Plaintiff, entered into an insurance contract with Nonparty Samsung Life Insurance Co., Ltd. at the same time, and claimed the payment of the insurance money to the Plaintiff on the same insurance accident as the Plaintiff claimed, and received the insurance money over several occasions.

E. Defendant A claimed insurance money from the victim correctional life Co., Ltd., Samsung Life Insurance Co., Ltd., and Samsung Life Insurance Co., Ltd., as if he had received hospitalized treatment despite the absence of a need to receive hospitalized treatment, as the fact that he was hospitalized after receiving diagnosis of urine disease, etc., was to the extent of possible daily life, such as going out from time to time and staying outside, and he was prosecuted for the reason of receiving the insurance money from the above victims and