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(영문) 광주지방법원목포지원 2017.11.30 2015가합10726
부당이득반환 등
Text

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

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

Reasons

1. Basic facts

A. On June 3, 2009, the Defendant: (a) between the Plaintiff and the insured and the beneficiary of the insurance; and (b) concluded an insurance contract in attached Form 1 with the content that the insured would receive the daily amount of hospitalization from the Plaintiff in the event of receiving hospital treatment due to injury or disease (hereinafter “instant insurance contract”).

B. From July 9, 2009 to July 20, 2009, the Defendant was hospitalized in the B-type zone due to crypitis, etc. for 12 days, and was hospitalized in the B-type zone until February 28, 2015, as shown in attached Table 2, and was hospitalized in the Plaintiff for 381 days in total, and received KRW 49,193,961 as insurance money under the instant insurance contract from the Plaintiff.

C. Meanwhile, before and after the conclusion of the instant insurance contract, the insurance contract concluded between the insurance company including the Plaintiff and the Defendant as the insured, and the insurance premiums and hospitalization allowances paid therefrom are as listed in the following table.

(3) On July 27, 2006, 14. 20. 20 Gab 20. 20 Gab 20. 20 Gab 20. 14. 14. 14. 20,80 20,000 Gab 20. 18. 18. 18. 20 Gab 20,420 Gab 9. 20 Gab 20. 18. 18. 20, 200 Gab 9. 20 Gab 20. 9 Gab 1. 30, 200 Gab 9

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