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(영문) 서울남부지방법원 2018.03.09 2017가단245587
손해배상(기)
Text

1. As to the Plaintiff’s KRW 101,709,691 and the corresponding amount indicated in the respective payment column in the attached Table among them, respectively.

Reasons

1. Facts of recognition;

A. The plaintiff is an insurance company with the purpose of running life insurance business and its incidental business. The defendant is the contractor and the insured and the beneficiary who entered into six contracts including comprehensive health insurance with the plaintiff between April 15, 1994 and July 20, 199.

B. The Defendant, for the purpose of receiving insurance money, such as hospitalization expenses and medical expenses, rather than treating insurance with multiple special hospitalization agreements, received a relatively easy hospital for a disease that can be sufficiently treated by Tongwon, or attempted to receive insurance money from an insurance company already subscribed after receiving long-term hospitalized treatment for a long time, even if the disease requires hospital treatment, even if it is a disease requiring hospital treatment.

C. Next, the defendant from May 13, 2008 to the same year.

7.3. The facts revealed that the Plaintiff was not required to be hospitalized. However, for the purpose of unfairly receiving hospitalization expenses, etc. paid by the Plaintiff, the Plaintiff was hospitalized in the Nasan-si B, and received medical treatment for the Nasan-si and the cerebrovascular disease. On December 18, 2008, the Plaintiff claimed insurance money for the above hospitalized treatment on or around December 29, 2008. On or around December 29, 2008, the Plaintiff received KRW 3,681,108 (Attached No. 1 through 6) from the Plaintiff as insurance money.

In addition, the Defendant received the insurance money of KRW 101,709,691 in total from the Plaintiff over 200 times in the same manner as shown in the attached Form from November 22, 2012 from that time to November 22, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant has the original copy of the payment order of this case from the relevant payment date indicated in each payment date on the corresponding amount stated in the payment amount of KRW 101,709,691 and each of the payment amounts indicated in the annexed sheet among damages for tort against the plaintiff.

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