The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. On June 29, 2006, the Plaintiff concluded C insurance contract with the Defendant and the beneficiary as the Defendant (hereinafter “instant insurance contract”).

B. From November 17, 2006 to June 10, 201, the Defendant received a total of KRW 14,482,037 as shown in the attached Table 2, as insurance money, from the Plaintiff under the instant insurance contract.

C. On August 28, 2015, the prosecutor submitted a false insurance claim to E Co., Ltd. (hereinafter “E”) to which the Defendant is a party, and received KRW 1,129,480 from E to Jun. 10, 2011, and received KRW 18,00,00 from Jul. 18, 2006 to Jun. 29, 2006, “The Defendant was hospitalized in the D Hospital located in Pyeongtaek-si for 14 days from Jun. 29, 2006 to Jul. 12, 2006 to obtain insurance money by fraud, and then received a false insurance claim from E, and received KRW 1,129,480, and received the false insurance money from E, E, the post offices, and the Plaintiff, etc., received insurance money from the insurance companies, and received KRW 53,49,128 from the insurance companies, and paid the money to the Plaintiff by fraud, including the Defendant’s suspension of indictment of indictment for 205 years.”

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. Although the plaintiff's summary of the plaintiff's assertion did not have suffered an injury to the extent of being hospitalized with the intent to acquire insurance money, the defendant filed a claim for insurance money to the plaintiff and received the total amount of KRW 5,640,000 as shown in the attached Table 1 and received the disposition of suspended indictment of this case

Therefore, the defendant is liable to the plaintiff for damages caused by fraudulent act by deceitation of insurance money or for return of unjust enrichment from the receipt of insurance money which is not a legal ground.