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(영문) 광주지방법원 2016.01.28 2015가합56224
부당이득금
Text

1. It is confirmed that each insurance contract entered in the separate sheet No. 1 List concluded between the Plaintiff and the Defendant is null and void.

2. The defendant.

Reasons

1. Basic facts

A. The Defendant entered into an insurance contract with the Plaintiff as the insured on July 9, 2012, and each of the insurance contracts listed in Paragraph (1) of the attached Table 1 (hereinafter “each of the instant insurance contracts”) on July 11, 2012 with the Defendant as the insured, respectively. The insurance contract listed in Paragraph (2) of the attached Table 1 is an insurance contract guaranteeing the amount of KRW 30,000 per day in cases of being hospitalized with a disease, KRW 30,00 per day in cases of being hospitalized with a disease, KRW 30,00 per day in cases of being hospitalized with a disease, and KRW 20,000 per day in cases of being hospitalized with a disease, and KRW 30,00 per day in cases of being hospitalized with a disease.

B. On November 5, 2012, the Defendant paid the Plaintiff’s insurance proceeds and the Plaintiff’s insurance proceeds, as indicated in the attached Form 2, was hospitalized in B in 20 days from each hospital for the total of 261 days from November 5, 2012 to January 20, 2015, as indicated in the following: (a) the Defendant received hospitalized treatment for 261 days in total from each hospital; and (b) received KRW 32,245,000 as insurance proceeds from each of the instant insurance contracts according to each of the instant contracts.

C. The status of the Defendant’s conclusion of each insurance contract and each insurance contract concluded with the Defendant as the insured are maintained at the time of the conclusion of each of the instant insurance contracts, or the insurance proceeds received from the insurance companies, including the Plaintiff, due to the insurance accidents as seen earlier under each of the instant insurance contracts are as listed below.

No. 2010-04-14 110,300 Corresponding insurance 201-04-04-2944,1004 Integrated Insurance 2010-37,3004 Integrated Insurance 2010-06-03, 3004 Integrated Insurance 201-04 Integrated Insurance 201-04-294,1005 Post offices 2012-07-02020, 2005 post offices of Samsung Life Insurance 2012-07-020,503,420,910.

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