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1. The Defendant shall pay to the Plaintiff KRW 33,438,155 and interest rate of KRW 15% per annum from August 26, 2017 to the date of full payment.
Reasons
In full view of the contents and the purport of the evidence Nos. 1 and 2 as a whole, the defendant was sentenced to a punishment of two-year suspension of enforcement in October for the following criminal facts in the Jeonju District Court 2016 High-Ma1081 Fraud case, and the prosecutor appealed to the Jeonju District Court 2017No452, but the appeal was dismissed, and the judgment of the court of first instance became final and conclusive (the sum of the amount acquired by deception against the plaintiff is KRW 33,438,155).
From August 16, 2007 to September 9, 2010, the Defendant subscribed to four insurance products respectively, including “HG5 Health Insurance Co., Ltd.”. The Defendant, around September 13, 2010, under the “C convalescent Hospital” located in Gunsan Si B, a minor injury, for which long-term hospitalization is unnecessary and short-term hospitalization is possible, but the Defendant, as a minor injury, could receive treatment only for short-term hospitalization, was the victim’s disease from around 22 days to around 4, 2010. On October 4, 2010, the Defendant enticed the victim by claiming insurance money with a false certificate of discharge issued by the said hospital.
The Defendant received KRW 111,330,000 from the victim as insurance money on October 18, 2010 and received KRW 111,348,155 in total from around that time to around November 10, 2015 as stated in the separate crime list by the same method.
Accordingly, the defendant was delivered property by deceiving the victims respectively.
According to the above facts of recognition, the defendant is obligated to pay the plaintiff the insurance proceeds acquired through unjust enrichment return to the amount of 33,438,155 won and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 26, 2017 to the date of full payment, as the plaintiff seeks.
The plaintiff's claim is accepted.