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(영문) 광주지방법원목포지원 2017.11.30 2015가단54651
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff based on the payment order 2015Hu2129 is enforced by the Gwangju District Court Branch for the Plaintiff.

Reasons

1. Basic facts

A. On July 30, 2009, the Plaintiff entered into an insurance contract with the Defendant with the Plaintiff as the insured and beneficiary (hereinafter “instant insurance contract”).

B. The Plaintiff was hospitalized for 505 days in total from March 6, 2010 to September 30, 2015 (hereinafter “the details of the instant hospitalization”) as shown in attached Table 2, including cases where the Plaintiff received hospitalized treatment with Balian Youths from 14 days from March 6, 2010 to 14 days from the date of the instant insurance contract. The Plaintiff was paid KRW 88,409,668 according to the instant insurance contract.

C. On March 2008 and April 21, 2008, Korea Post entered into five insurance contracts with the Plaintiff as the insured on March 20, 2008, and on April 21, 2008. After the conclusion of the instant insurance contract, the Plaintiff and C received more than KRW 100 million insurance money with the insurance company other than the Plaintiff on September 25, 2009, as well as more insurance contracts on February 23, 2010.2) The Plaintiff and C received insurance money from the Plaintiff on the instant hospitalization.

The Defendant, upon which the payment order was finalized, paid 83,823,848 won as insurance money to the Plaintiff, following the Plaintiff’s hospitalization for 476 days from March 6, 2010 to 14 days after entering into the instant insurance contract with the Plaintiff, following the Plaintiff’s medical treatment of 476 days due to high blood pressure, diagnosis of after-cerebrovascular, cerebrovascular surgery, etc., the Defendant paid 83,823,848 won as insurance money. The appropriate number of days of hospitalization is 124 days and 328 days excessive, so the Plaintiff should return the insurance money for 328 days to the Defendant as unjust enrichment.

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