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(영문) 서울중앙지방법원 2019.08.21 2019가단5039082
부당이득금
Text

1. The Defendant’s KRW 49,274,320 as well as 5% per annum from March 7, 2019 to August 21, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant concluded two insurance contracts with the Plaintiff running the insurance business and the Plaintiff as the insured (hereinafter “each of the instant insurance contracts”).

The insured and the insured covered sales security coverage coverage of the insurance coverage period from April 6, 2005 to March 9, 2014; Defendant C: (a) injury; (b) operation expenses for hospitalization of a disease; (c) expenses for hospitalization of a disease; (d) expenses for hospitalization of a disease; (b) expenses for medication of hospitalization of a disease; (c) medical expenses for hospitalization of a disease; and (d) expenses for hospitalization of a disease; and (d) daily injury of a patient; and (e) per hospitalization day; and (f) expenses for hospitalization of a disease; (f) expenses for surgery for hospitalization of a disease; and (f) expenses for hospitalization of a disease; and (f) expenses for medical expenses for hospitalization of a disease; (f) expenses for hospitalization of a patient; and (f) expenses for hospitalization of a patient; and (f) expenses for per

B. The Defendant was hospitalized at a hospital from May 201 to April 2014, and received insurance money from an insurance company including the Plaintiff, but was hospitalized for a long time, even though it does not need to be hospitalized in fact or is a minor disease that requires only short-term hospitalization.

C. In cases where the Defendant was prosecuted on November 17, 2016 by Incheon District Court 2015Da6349, the Defendant was sentenced to a suspended sentence of 2 months for 8 months as a crime of fraud with respect to the criminal facts of deceiving an insurance company and by deceiving it from May 26, 201 to May 20, 201, by being paid KRW 55,608,564 in total, and the said judgment became final and conclusive on April 24, 2018.

The list of crimes attached to the above final judgment includes the payment of KRW 51,415,833 in total of the insurance money of the plaintiff listed in the attached Table.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. 1. Determination as to the cause of the claim refers to the side effects or incidental effects that the patient's resistance power to the disease is very low or invested in the patient's disease.

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