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(영문) 인천지방법원 2018.11.30 2015가단216399
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 21, 2008, the Defendant concluded an insurance contract with the Plaintiff and the Defendant’s husband B, the insured, the Defendant from March 21, 2008 insurance period on March 21, 2008 to March 21, 204, with the general coverage coverage coverage, after death of an injury, disability after general injury, after-injury in transportation, disability after general injury, general medical expenses, and living expenses within 20,000 won per day of temporary injury, within 180 days per day of hospitalization, medical expenses for hospitalization, 30,000 won per 30,000 per day of hospitalization, per 180,000 per day of hospitalization, and with the amount of unpaid dividends per disease nursing expenses, etc. on September 24, 2008, the Defendant entered into an insurance contract with the Plaintiff and the insured, the Defendant, the insurance period from September 24, 2008 to September 24, 2008, the insurance period of 1000 days per day of death (10 days).

(hereinafter “each of the instant insurance contracts”). (b)

From April 8, 2008 to July 31, 2015, the Defendant was hospitalized at C Council members for 17 days, etc. from July 31, 2015 for a total of 949 days, and received insurance money from the Plaintiff in total of 145,391,940 won according to each insurance contract of this case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 3-1, 2-1, 4-28, Gap evidence 6-2, Gap evidence 10, 13-9, Eul evidence 9, 10-10, and the purport of the whole pleadings

2. Where a policyholder concludes an insurance contract with a view to unfairly acquiring insurance proceeds through multiple insurance contracts, the payment of insurance proceeds pursuant to an insurance contract concluded for this purpose would not only induce the speculative spirit to gain unjust profits by abusing the insurance contract, thereby deviating from the social reasonableness, and also pose a reasonable risk.

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