1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

Claim:

1. On October 20, 2008, the Defendant concluded an insurance contract including the content that the Defendant would receive insurance money in proportion to the number of hospitalization days (hereinafter “instant insurance contract”) with the Plaintiff when the Defendant was hospitalized.

After all, the Defendant received the diagnosis of “chrops and tensions” or “knee scare scare scare scare scare scare scare scare scare scare scare scare scare scare scare scare scare scare scare scare scare scare scare 7,708 won (= KRW 3,014,478 won on April 7, 201) from the Plaintiff, and received payment from the Plaintiff on May 29, 2012.

However, on February 3, 2014, the Defendant was sentenced to suspension of indictment on the ground that, even though the Defendant did not actually need to receive hospitalized treatment from the Seoul Southern District Prosecutors' Office, as if he had undergone hospitalized treatment during the aforementioned period, the Defendant deceivings the Plaintiff, an insurance company, and acquired the above insurance money from the Plaintiff (Fraud), but the Defendant was sentenced to suspension of indictment on the ground that the amount of fraud is not so severe

[Ground of recognition] Facts without dispute, Gap 1 through 3, purport of the whole pleadings

2. In light of the reasons for the suspension of indictment against the Defendant or its consequences, it is difficult to view that the Defendant actually received hospital treatment during the aforementioned period, and thus, it does not constitute “in case of receiving hospital treatment,” which is the requirement for the payment of the insurance money stipulated in the instant insurance contract.

Therefore, there is no legal ground to hold the insurance money that the Defendant received from the Plaintiff. Therefore, the Defendant must return the insurance money that the Defendant received to the Plaintiff as unjust enrichment.

In addition, the defendant against the money, from May 30, 2012 to March 18, 2015, the delivery date of the complaint of this case (Recommendation of Performance) from May 30, 2012, which is the date of the final payment, is 5% per annum as prescribed by the Civil Act.