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(영문) 수원지방법원안산지원 2016.05.11 2014가단115346

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. The Plaintiff and the Defendant’s insurance contract 1) On March 17, 2003, the Plaintiff and the Defendant concluded an insurance contract of non-dividendd Nos. Health Insurance Co., Ltd. (hereinafter “instant insurance contract”).

(2) On December 21, 2006, Insurance Contract No. 30611, Dec. 21, 2006 (hereinafter “Insurance Contract”).

(2) The content of each of the instant insurance contracts is that the Plaintiff pays medical expenses, hospitalization expenses, etc. when the insured was treated or hospitalized due to an injury or disease.

The Defendant designated the insured of each of the instant insurance contracts as himself.

B. On April 23, 2007 to March 10, 2014, the Defendant received hospital treatment and Plaintiff’s insurance proceeds, asserting that “the Defendant was suffering from injuries, such as cream, spawn, spawn damage, spawn damage, spawn damage, spawn damage, spawn spawn salt, etc.” (2) the Plaintiff paid the Defendant insurance proceeds of KRW 59,409,182 in total according to the insurance contract of this case, and KRW 24,99,849,849 according to the insurance contract of this case, respectively.

C. The details of the Defendant’s insurance contract, insurance premium, etc. that the Defendant entered into with the insurance company and the Defendant as the insured are as shown in the attached Table 1 [Attachment 1] (hereinafter “instant 1 insurance, etc.”); among the insurance contracts that the Defendant is the contractor, the Defendant’s insurance without dividends from the Samsung Fire and Marine Insurance Co., Ltd. on August 13, 2009 is the insured B, and the insurance without dividends from the AIA Life Insurance Co., Ltd. is one of the insured, but the medical insurance is essential for non-payment with the AIA Life Insurance Co., Ltd., and thus excluded.

The details of insurance proceeds received shall be as shown in attached Table 2.

(Types of Accidents: Hospitalization, surgery, injury, loss, etc.). 【No dispute over the grounds for recognition】 【No dispute over the facts of Gap’s evidence Nos. 1 and 2, the Insurance Development Institute, the incorporated association Insurance Development Institute, the Nonghyup Damage Insurance Co., Ltd., the AIG Damage Insurance Co., Ltd., the Fden Social Life Insurance Co., Ltd., the