1. The Defendant’s KRW 56,224,029 as well as the Plaintiff’s annual rate from February 7, 2013 to August 28, 2018.

Unless there are special circumstances where it is difficult to adopt a judgment of facts in a criminal trial in light of other evidence submitted in the civil trial, it cannot be acknowledged that the facts that the criminal court already became guilty of the same facts are material evidence, even though it is not bound by the fact-finding of the criminal trial.

(1) In light of the overall purport of the arguments as to the evidence Nos. 1 through 4 of this case, the Defendant was hospitalized in E Hospital located in Kimhae-si, with the eropsye, etc., without requiring hospital treatment. The Defendant, without undergoing any special treatment during the period of hospitalization, frequently went out and was staying outside the hospital. Nevertheless, on March 6, 2009, the Defendant submitted relevant documents as if he was inevitably hospitalized in the Plaintiff for twenty-three (23) days, and submitted insurance money, and filed an application for insurance money, and received KRW 1,839,749 on March 13, 2009 from the Plaintiff. The Defendant, along with the Defendant, received a judgment of the Supreme Court Decision No. 2019, Mar. 13, 2009 to 6, 2013, which became final and conclusive by the said Supreme Court Decision No. 2981, Nov. 26, 2008; and the Defendant received the said judgment of the Supreme Court No. 251986, supra.

The plaintiff sought a return of unjust enrichment on the premise that the insurance contract with the defendant was revoked on the ground of the above fraud. According to the above facts of recognition, the defendant deducteds 665,000 won from the person who had already received reimbursement from the above amount of payment.