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(영문) 서울중앙지방법원 2015.06.03 2015나3791
부당이득금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 14, 2009, on October 14, 2009, the Defendant’s father B entered into an integrated insurance contract with the Plaintiff for the insured as the Defendant, and the Plaintiff and the undividended dividend lot (hereinafter “instant insurance contract”).

B. The defendant puts the house at the house.

For the reason that it was exceeded, it was hospitalized in C Council members from October 6, 2010 to October 19, 2010, and there was a need to go further.

Since April 4, 2011 to April 18, 2011, the hospital was hospitalized in D Council members.

Under the instant insurance contract, the Defendant claimed insurance proceeds for the above hospitalized treatment to the Plaintiff, and the Plaintiff paid the insurance proceeds to the Defendant KRW 1,052,330,00, totaling KRW 504,880, and KRW 547,450, April 19, 201.

C. The Defendant is deemed to have obtained total insurance money of KRW 21,526,80 from the Daejeon District Prosecutors’ Office on December 17, 2012 through extending the period of hospitalization, etc., on five occasions, by extending the period of hospitalization, etc., even though the period of hospitalization needs to be substantially necessary from April 7, 2009 to April 7, 201. However, the Defendant is deemed to have acquired and acquired the insurance money of KRW 21,526,80 in total, but the degree of participation by the Defendant’s mother and E

‘A disposition of suspension of indictment was taken in consideration of the fact, etc.

[Reasons for Recognition] Unsatisfy, each entry of Gap 1 through 4 (including virtual numbers) and the purport of the whole pleading

2. The parties' assertion;

A. The Defendant asserted that the insurance money received from the Plaintiff after receiving unnecessary hospitalized treatment even if there was no need for hospitalized treatment, constitutes unjust enrichment, and thus, the Defendant is obligated to return the insurance money to the Plaintiff KRW 1,052,330.

B. The defendant's assertion that he received a disposition of suspension of indictment from the prosecutor is due to the fact that he claimed excessive insurance proceeds by unrefising the number of days of treatment, and there is no obligation to return the proper treatment part, not excessive treatment.

3. The following circumstances, which are acknowledged as comprehensively considering the purport of the entire pleadings in the statement No. 2 of the judgment of the court below, the defendant is hospitalized in the above Council Members for 14 days.

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