부당이득금
1. The plaintiff's appeal is dismissed.
2. The plaintiff's supplementary claim is dismissed in this court.
3. Appeal.
1. The ground for appeal by the plaintiff as to the primary claim is not significantly different from the argument in the first instance court, and the fact-finding and decision in the first instance court are justified even if the evidence submitted in the first instance court is added to the evidence presented in this court.
Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance which is stated in the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the conjunctive claim
A. Although the Plaintiff’s assertion that the instant insurance contract does not become null and void, the Defendant received false or excessive medical treatment despite the need for hospital treatment, and received insurance money equivalent to KRW 12,710,787 as shown in attached Table 2 from the Plaintiff, and thus, the Defendant shall return it as unjust enrichment.
B. According to the result of each request for appraisal of the medical records to the Korean Medical Association of this Court, the judgment of the first instance court: (a) was conducted under the diagnosis of cerebral typhism during the period from September 3, 2012 to October 2, 2013; (b) from November 4, 2013 to January 15, 2014; and (c) during the period from August 31, 2010 to January 23, 2015, the Defendant for hospitalized treatment, who received the diagnosis of the detailed cerebral typhism, etc., other than the detailed cerebral typhism during the period from August 31, 2010 to January 23, 2015; (c) was conducted under the diagnosis, including the addiction of the contact with the marine animals, and (d) the Plaintiff sought unjust enrichment from the Defendant’s false or excessive medical treatment, and thus, (d) was determined to be conducted from March 13, 2013.
In light of the overall neological condition, the hospitalization period is determined to have sufficient time for a period of one to three months in the month on the basis of the first acute base, and thereafter, it is sufficient to treat the patient as a outpatient.