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(영문) 서울중앙지방법원 2020.11.11 2020나25443
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On December 18, 2002, the Defendant decided to pay KRW 357,200 per month’s insurance premium to the Plaintiff and the Plaintiff, a corporation mainly engaged in life insurance business, and concluded an insurance contract with the policyholder and the insured as the Defendant (hereinafter “instant insurance contract”).

B. The Defendant received the amount of KRW 16,780,000, totaling KRW 4,520,000, and KRW 21,30,000,00 from August 2, 2006 to September 9, 201, as insurance money, from the Plaintiff, for hospitalized treatment due to urinology, etc.

C. On October 26, 2017, the Defendant was convicted of a fine of KRW 3 million on the following facts constituting the crime, and appealed as the Daegu District Court 2017No4859 (hereinafter referred to as the Daegu District Court 2017No4859) but was sentenced to the final judgment on September 21, 2018. The Defendant appealed as the Supreme Court, but the final judgment became final and conclusive on December 19, 2018 upon receiving the final judgment of dismissal of the Supreme Court.

The defendant (the defendant) was diagnosed with urines after being given treatment from March 13, 2002 to March 22, 2002 due to urology, urine, urine, etc. at D Hospital.

On December 18, 2002, the Defendant decided to pay KRW 357,200 per month insurance premium to the victim A Co., Ltd. (Plaintiff) with KRW 357,200, and subscribed to the policyholder and the insured as the Defendant.

The Defendant hospitalized the E Hospital located in Ulsan-si from May 25, 2006 to June 3, 2006 for 10 days from the E Hospital located in Ulsan-si, due to gurogate/culathal disorder, sulgin gymnin-nurine-nurine urine disease, etc., and claimed insurance proceeds from the victim company around July 10, 2006.

However, the defendant had already been suffering from urgical diseases and purchased insurance policies, and the defendant could not be paid insurance money due to lack of insurance coverage when notifying the victim of urgical disease to the urgical witness urgical disease.

Nevertheless, the Defendant, in its possession, received KRW 1,240,00 from the victim company for the purpose of insurance money on August 2, 2006, as well as transferred KRW 1,240,00 from August 2, 2006 to February 15, 2016, is attached to the lower court.

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