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(영문) 부산지방법원 2015.01.22 2014가합44607
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 22, 2007, the Plaintiff entered into an insurance contract with the Defendant as the policyholder and the insured with the same content as the attached list (hereinafter “instant insurance contract”).

The total amount paid (1208-08-04 to 208-08-22 (19 days) for the purpose of hospitalization (2008-09-12 to 2008-12 to 2008-13 (2 days) C Hospital's rooms 60,000 3201-10-20 to 2011-11-12 (24 days) D Hospital'sless hospital's rooms 2008-08-08 to 2008-00 to 2008-12, 201-10 to 2011-12 (24 days), per annum, 30,330,004 to 207-19 to 30,207 to 200,70-10 to 30,70,70-10 to 30,710-20-30 to 130,290-10-20-30-30-1 (20-30-30-10 of the left hospital's.

B. The Defendant received insurance proceeds of KRW 33,770,000 in total from August 4, 2008 to September 17, 2013, which was after the conclusion of the instant insurance contract as indicated in the table below, for 110 days of hospitalization (hereinafter “the instant insurance accident”).

[Reasons for Recognition] Unsatisfy, Gap's entry in Gap's 1, 3 through 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. In light of the Plaintiff’s assertion of insurance coverage, the status of receiving insurance proceeds, details of insurance accidents, and the financial status of the Defendant, the Defendant concluded the instant insurance contract for the purpose of unfairly acquiring insurance proceeds through multiple insurance contracts. Thus, the instant insurance contract is null and void in violation of good morals and other social order under Article 103 of the Civil Act. The Defendant is obliged to return the insurance proceeds received

(b) judgment (1) where the policyholder concludes an insurance contract with a view to unlawfully obtaining insurance proceeds through multiple insurance contracts;

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