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(영문) 광주지방법원목포지원 2014.11.13 2013가합2080
부당이득금
Text

1. As to the Plaintiff, Defendant A’s KRW 19,120,00, Defendant B’s KRW 44,620,00, and Defendant C’s KRW 21,960,00 and each of the said money.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at collecting insurance premiums and paying insurance proceeds following the conclusion of a life insurance contract. Defendant A is an insurance solicitor from around 1992 to 2007. Defendant B is the husband of Defendant A and Defendant C are the children of the above Defendants.

B. From around 1996 to 2003, Defendant A entered into the instant insurance contract with the Plaintiff as the insured and entered into nine other insurance contracts including the Non-Distribution Marin Health Insurance Co., Ltd. (hereinafter “each of the instant insurance contracts”).

C. The Defendants hospitalized the Plaintiff for various diseases from around that time to around June 10, 201, and claimed insurance proceeds from the Plaintiff. Accordingly, the amount of insurance proceeds received from the Plaintiff is KRW 19,120,00 in the case of Defendant A, KRW 44,620,00 in the case of Defendant B, and KRW 21,960,00 in the case of Defendant C.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. The Defendants asserted that they subscribed to multiple insurance, and concluded each of the instant insurance contracts for the purpose of claiming insurance money in a false or excessive manner by exaggerationing the degree of disease, and receiving the payment of the insurance money and acquiring it by fraud.

Therefore, the insurance money that the Defendants received from the Plaintiff constitutes unjust enrichment because each of the instant insurance contracts, which is the basis thereof, is invalid in violation of good morals and other social order.

Therefore, the Defendants are obligated to pay the said money to the Plaintiff as compensation for unjust enrichment or tort.

(Selective Claim) b.

The defendants alleged by the defendants are actually hospitalized by their body according to the solicitation of a arche doctor and claiming insurance proceeds therefrom, and they do not enter into a multiple insurance contract for the purpose of acquiring insurance proceeds or claim insurance proceeds falsely or excessively.

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