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(영문) 서울북부지방법원 2017.04.18 2015가단130745
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 17, 2009, the Plaintiff, an insurance company, concluded the following insurance contracts with the Defendant (hereinafter “instant insurance contract”).

Insurance products: The insured period of insurance without dividends: the defendant: the amount of insurance coverage on August 17, 2009 to be covered by security on August 17, 2009, as well as the amount of general injury (at least one day) to be admitted for at least 30,000 general injury; the amount of subscription per day (at least 180 days from the date of the accident) to be admitted for at least 1,00,000 general injury per day of hospitalization for at least 31 days; the amount of 50% of the subscription amount per day of hospitalization for at least 61 days; the additional amount of 10% of the subscription amount per day of hospitalization for at least 60 days; the additional amount of 10% of the subscription amount per day of hospitalization for at least 91 days; the additional amount of 100% of the subscription amount per day of hospitalization for at least 10% of the total amount of hospitalization for at least 10% of the subscription amount per 181 days; and the additional amount of 10% or more per day of hospitalization for at least 10%.

B. After the conclusion of the instant insurance contract, the Defendant was hospitalized for 16 days on September 21, 2009 due to traffic accidents as of September 21, 2009, and was hospitalized for 22 days over 52 days on the ground of treatment, such as inter-regional, right slicker-gun, left slicker slicker-gun, left slicker slicker, brain slick, etc., as indicated in the separate hospitalization list.

C. The Defendant received KRW 52,334,234 in total from the Plaintiff due to the above hospitalized treatment.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8, Eul evidence 2 to 4 (including paper numbers) respectively.

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