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(영문) 광주지방법원목포지원 2016.10.20 2016가합10129
부당이득금
Text

1. It is confirmed that each insurance contract entered in the separate sheet No. 1 List concluded between the Plaintiff and the Defendant is null and void.

2. The defendant.

Reasons

1. Basic facts

A. On April 22, 2009 and July 28, 2009, the Defendant: (a) determined himself as the insured and the surviving beneficiary; and (b) concluded each insurance contract listed in the attached Table 1 with the content that he received the daily allowances for hospitalization from the Plaintiff when the insured was hospitalized due to an injury or disease.

(B) The insurance contract concluded on April 22, 2009 (hereinafter referred to as the “instant First Insurance Contract”) and on July 28, 2009 (hereinafter referred to as the “instant Second Insurance Contract,” and each of the said insurance contracts also referred to as the “each of the instant insurance contracts”).

From August 3, 2009 to August 24, 2009, the Defendant was hospitalized in B Hospital on the ground of high blood pressure for 22 days, as shown in attached Table 2, from that time to December 9, 2014, and was hospitalized for 868 days in total as shown in attached Table 2 for 868 days. The Defendant received insurance proceeds from the Plaintiff according to each insurance contract of this case.

C. Meanwhile, the insurance contracts concluded between the insurance company including the plaintiff and the defendant before or after the conclusion of each of the instant insurance contracts as the insured, and the insurance premiums, hospitalization allowances, and the details of the paid insurance money are as listed below:

D. List: Family Love Insurance Co., Ltd., 172,640,640,300,300,000 on August 5, 2008, 2002, 200, 300,000,000,000, 30,000,000,000,000,000,000,000,000,000,000 on Nov. 3, 2011, which was concluded by the Defendant as the insured.

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