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(영문) 서울남부지방법원 2017.08.17 2016가단245054
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 78,183,439 to the Defendant (Counterclaim Plaintiff) and its amount from January 17, 2017 to August 17, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 25, 2009, the Defendant’s female-born B entered into an insurance contract (hereinafter “instant insurance contract”) between the Plaintiff and the insured and the beneficiary of the death insurance proceeds as the Defendant as the basic security for the death or disability caused by injury (0904) and the beneficiary of the death insurance proceeds (hereinafter “the instant insurance contract”), and entered into an agreement with the Family Love Insurance Co., Ltd. (hereinafter “the instant insurance contract”), which covers the amount paid as KRW 20,00,000 per day.

B. The terms and conditions of a special agreement relating to the instant insurance contract are as follows.

Article 1 (Compensation for Loss) (1) If the insured mentioned in the insurance policy (insurance policy) is hospitalized in a hospital or clinic (including an oriental medical hospital or oriental medical clinic) due to disease during the insurance period of this Special Terms and Conditions and has received medical treatment for not less than one day, the company shall pay to the beneficiary (the insured if the beneficiary is not designated as the beneficiary) the daily amount stated in the insurance policy (insurance policy) for the one day from the first day of hospitalization as the expenses for hospitalization of disease.

Article 2 (Compensation for Non-Compensation) (2) The Company shall not pay compensation for any loss arising from the following causes:

2. Article 1 (Damage to Compensation) (1) of the General Terms and Conditions for Stabilization of Medical Treatment, Hospitalization, Admission Expenses, and Security (hereinafter referred to as the "company") for the treatment of skin, occupation, mental and physical weakness, etc. is an insurance company (hereinafter referred to as the "company") shall include hospital or clinic (excluding oriental medical hospital or oriental medical clinic) due to a disease during the insurance period of this Special Terms and Conditions (excluding a case where the insured has received diagnosis or treatment due to such disease within the past five years from the date of application for the insurance contract) during

(i)In the event of hospitalization and treatment, the following costs of hospitalization and treatment shall be compensated for:

1. Hospitalization fees: The amount of diagnosis fees and the standard sick room;

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