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(영문) 광주지방법원 2017.07.13 2016가합60718
부당이득금
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 January 5, 2009, the Plaintiff concluded the first insurance contract among the indications of the insurance contract in the attached Table 1 with the Defendant, the insured, and the beneficiary other than death as the Defendant, and the second insurance contract among the indications of the attached Table 1 insurance contract on March 6, 2012 (hereinafter “individual insurance contract in the instant case 1 and 2”; hereinafter collectively referred to as “each of the instant insurance contracts”); and the second insurance contract in the instant case includes security matters for the payment of the daily amount of hospitalization when the insured is hospitalized into various cancers.

B. The Defendant received hospital treatment for 11 days from June 29, 2009 to July 9, 2009 as well as for 58 days from around that time to around August 6, 2016 due to disease, such as light signboard disability, knee persium, and knee persty persium, as shown in attached Table 2.

C. Of the insurance contracts the insured, the insurance contracts are as listed in Appendix 3 for which the daily amount of hospitalization is paid if the Defendant is hospitalized due to injury, disease, etc., and the insurance contracts that are maintained as of January 1 of each year are as follows; 008; 1, 2009; 4, 2010; 8, 2011; 16, 2013 through 2015; 16, 2016, and 2017 are as follows.

The amount paid by the Plaintiff to the Defendant is KRW 55,962,895, and the amount confirmed as insurance amount paid by multiple insurers including the Plaintiff is KRW 289,290,708.

E. The Defendant reported 200,000 won to the tax authority as earned income in 2008 and did not have reported business income or earned income from 2009 to 2015, and paid property tax on the B and its ground buildings, C and D vehicles of 2016.

F. E, the Defendant, from March 2008 to April 2013, is respectively from AWnb Life Insurance Co., Ltd. and from May 2013 to December 2016 from MWnb Life Insurance Co., Ltd.

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