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(영문) 전주지방법원군산지원 2015.10.29 2015가단52928
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 24, 2015, the Plaintiff asserted that he applied for a payment order against the Defendant by the Jeonju District Court 2015 tea 273, Dasan District Court 2015.

A summary of the grounds for the claim asserted by the plaintiff is as follows.

On April 2010, the Plaintiff concluded each of the instant insurance contracts (hereinafter “instant insurance contracts”) with the Defendant as the Defendant, and each of the instant insurance contracts (hereinafter “instant insurance contracts”) with an unlimited dividend insurance contract (B), around May 2010.

On July 7, 2010, the defendant tried to provide hospital treatment for the 18-day period under the vertebrate and the knife chinitis, and claimed the insurance money to the plaintiff after providing hospital treatment for a total of 683 days until January 6, 2015.

The plaintiff paid the total amount of KRW 61,252,273 according to the content of the insurance contract.

The defendant received an insurance money of a higher amount after a long-term hospitalization to the extent that the defendant significantly deviates from the ordinary common sense due to a disease that requires a reflective hospital treatment during the appearing period of urology and high blood pressure appearing, and concluded a multiple insurance contract with other insurance companies than the defendant company, and received the insurance money.

Therefore, each insurance contract of this case between the plaintiff and the defendant is null and void in accordance with Article 103 of the Civil Code, and the defendant is obligated to return the insurance money acquired without legal cause.

2. The plaintiff in the process of litigation submitted only the defendant contract inquiry (Evidence A No. 1), the payment status of the defendant insurance money (Evidence A 2), and the defendant insurance contract subscription form (Evidence A 3) as evidence at the time of applying for payment order. The defendant's hospitalized treatment that the plaintiff asserted against the cause of application is unnecessary, and the defendant did not submit evidence as to the fact that he received a large amount of insurance money by entering into a multiple insurance contract with another insurance company.

On March 16, 2015, the Defendant filed an objection against the payment order. On March 25, 2015, the Plaintiff filed an application for the implementation of the conciliation with the Jeonju District Court 2015 money100134.

On May 7, 2015, mediation was not established at the mediation date.

The plaintiff on May 2015.

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