채무부존재확인
1.The judgment of the first instance shall be modified as follows:
Paragraph 3 shall be written based on the insurance contract mentioned in attached Forms 1 and 2.
1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the court of first instance is cited as it is by the main text of
2. Summary of the parties' arguments
A. While the Plaintiff’s assertion is claiming in the order of confirmation of the existence of the obligation and return of unjust enrichment, the Plaintiff’s claim shall be arranged in the order of the claim for return of unjust enrichment against the insurance money already paid in accordance with the time and logical order, and the claim for confirmation of the existence of the obligation against the insurance money not yet paid, and shall be determined accordingly.
1) As shown in attached Table 2, the Plaintiff calculated the total number of days of hospitalization from January 9, 2007 to November 29, 2012 as 955 days by November 29, 2012 by Defendant A’s number of days of hospitalization from January 19, 2007 to November 29, 2012 is deemed to have been 95 days by mistake of 10 days of hospitalization in 19 days. As such, the Plaintiff’s assertion according to the actual number of days of hospitalization is 219 days of hospitalization. The appropriate number of days of hospitalization recognized as necessary during the period of hospitalization is 39,162,278 won. While the remaining period of hospitalization can be sufficiently treated with only pain treatment, the Plaintiff was not obliged to receive the insurance money related to hospitalization from the Plaintiff, and thus, the Defendants received the insurance money unfairly from the Plaintiff. Therefore, the Defendants’ payment of the insurance money to Defendant A’s KRW 169,598,149 (Defendant A,2639, 1379,287,29,27,29,2797,27).7
In addition, as to the injury of this case, Defendant A from November 30, 2012 to January 1, 2013.