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(영문) 서울중앙지방법원 2020.07.24 2018가단5150579
부당이득금
Text

1. The part concerning the claim for return of unjust enrichment by subrogation of creditor among the lawsuit in this case is dismissed.

2. The plaintiff's remainder.

Reasons

1. The plaintiff's assertion

A. The part of the claim for return of unjust enrichment by subrogation of creditor is a doctor operating the Csung surgery, and the defendant actually performed a co-mal surgery for the purpose of improving the appearance of the patient listed in the separate sheet (hereinafter “the insured”), but in fact, the defendant employed the Embane and doctor for the purpose of improving the appearance, and pretended to have received medical expenses from the insured in the instant case as if he had performed a malutic surgery for the purpose of treatment, thereby gaining profits equivalent to the above medical expenses without any legal cause. The insured in the instant case obtained profits from the above insurance without any legal cause. The health insurance was not subject to the insurance for lost medical expenses and indemnity (hereinafter “actual non-insurance”), but subject to the insurance for the purpose of improving the appearance for the purpose of improvement, and even after receiving the malutic surgery for the purpose of treatment, it submitted a medical certificate or opinion of opinion by the defendant as if he had received the above medical expenses from the plaintiff,

Therefore, in order to preserve the Plaintiff’s above claim for return of unjust enrichment against the Defendant, the Defendant is obligated to pay the Plaintiff the amount of KRW 110,340,000 and delay damages therefrom, in response to the Plaintiff’s exercise of the claim for return of unjust enrichment against the Defendant.

B. Even if the Plaintiff’s claim for restitution of unjust enrichment is not acknowledged, the Defendant committed an intentional act by delivering to the insured of this case a false diagnosis or written opinion as if he had performed a crymal surgery for the purpose of improving the appearance of the Defendant, even though having actually performed a crymal surgery for the purpose of treatment, and thereby having caused the Plaintiff to pay KRW 110,340,000 of the insurance money that the Plaintiff could not be paid to the insured of this case.

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