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(영문) 광주지방법원 2018.03.07 2015가단519537

부당이득금

Text

1. The Defendant’s KRW 5,158,229 as well as 5% per annum from February 13, 2015 to March 7, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is an insurance company that runs insurance business, such as various non-life insurance and accident insurance, and the defendantNa.

is a contractor of an insurance contract described in the subsection.

B. (1) On May 20, 2008, the Plaintiff concluded the following insurance contracts with the Defendant and the Defendant as beneficiaries of the contract, the insured, and the out-of-the-life insurance proceeds, and with the insurance period from May 20, 2008 to May 20, 204 (a comprehensive insurance without dividends; hereinafter the same shall apply).

On June 17, 2014, the Plaintiff changed the beneficiary of the instant insurance contract and the beneficiary of the non-life insurance contract to Nonparty B, the Defendant’s children.

The key security matters of the instant insurance contract are as follows: ① In the event of death due to a general injury, the amount of subscription to the instant insurance contract; ② in the event of a physical disability, the amount of subscription to the insurance is paid according to the rate of payment; ② the daily amount of injury paid for KRW 20,000 per day of hospitalization in the case of receiving treatment by being hospitalized in the hospital due to an injury; ③ in the case of being hospitalized in the hospital due to a disease, the daily amount of hospitalization in the case of being hospitalized in the hospital, ③ in the case of being hospitalized in the hospital, the amount of KRW 30,000 per day of hospitalization in the case of being hospitalized in the hospital, ④ 50% of the amount of the insurance per day of hospitalization in the case of being hospitalized in the hospital; and ④ in the case of being hospitalized in the course of being hospitalized in the hospital, 50% of the amount of the insurance at the time of being hospitalized in the hospital for 61 days or more.

(3) On June 2, 2008, from June 2, 2008 to August 18, 2015, the Defendant entered the instant insurance contract, 780 days in total, from around 27 hospitals including C Hospital to around 52 times, as indicated in the following table, was hospitalized under the name of C, such as “infection, conical disability, fluoring, defrating, defrating, kneeing, and high blood pressure.”

The examination of the name of the hospital in charge of the accident shall be the number of days after the date of commencement of hospitalization, and shall be the C Hospital.