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(영문) 부산지방법원 2014.09.18 2013가단236174

부당이득금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff as the insured on August 22, 2008 between the non-party B, who is the defendant's wife, and the defendant as the insured.

1. The instant insurance contract was concluded (hereinafter “instant insurance contract”).

B. The main coverage of the instant insurance contract is as follows.

1. General injury provisional living expenses: Payment of 20,000 won per day of hospitalization when the insured suffered from an injury caused by a sudden and unexpected accident in the course of hospitalization; payment of 30,000 won per day of hospitalization when the insured hospitalized for the purpose of treatment of a disease; payment of 40,000 won per day of hospitalization when the insured hospitalized for the purpose of treatment of a disease; payment of medical expenses incurred during the period of hospitalization to the extent of the purchase amount of insurance (30,00,000 won) 16th specific disease security special agreement for the insured to guarantee a specific disease: payment of the purchase amount of insurance (1,00,000 won per veterinary surgery for a specific disease) per 16th specific disease; payment of 1/100 (10,000 won per day of hospitalization for more than 3 days.

C. On November 16, 2008, the Defendant received hospitalized treatment at the plane captain hospital for 28 days as well as from that time until July 22, 2013.

2. The Plaintiff received hospital treatment for 23 days over 240 days as indicated, and as an insured event, received total of KRW 24,156,156 from the Plaintiff based on the instant insurance contract.

The guaranteed insurance contract, including the instant insurance contract, which was concluded by the Defendant as the insured, and the details of the insurance money paid by the Defendant based thereon are as follows.

(1) The insurance contract of this case No. 2 is No. 84,190 won on August 22, 2008, 2008, 190 won, 24,156,156 won, 3 Korean Commercialized Loss on April 24, 2009, 800 won, 89,800 won on April 24, 2009, 3199, 80 won on April 24, 2009, 31,90 won on April 31, 200, 190 won on insurance contracts and insurance contracts. < Amended by Presidential Decree No. 18175, Oct. 26, 2003>