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(영문) 광주지방법원목포지원 2016.10.27 2015가합12470
부당이득금
Text

1. It is confirmed that an insurance contract entered into between the Plaintiff and the Defendant is null and void.

2. The plaintiff's remainder.

Reasons

1. Basic facts

A. On March 30, 2010, B, who is the Defendant’s father, concluded an insurance contract indicated in attached Table 1 with the Plaintiff, stating that the Defendant is paid daily allowances for hospitalization from the Plaintiff in cases where the insured is treated as a beneficiary of the insured or out-of-her death insurance due to injury or disease (hereinafter “instant insurance contract”).

The beneficiary of the instant insurance contract was changed from the Defendant to B on April 28, 2010, and the contractor was changed from April 16, 2014 to the Defendant.

B. From April 9, 2010 to April 21, 2010, the Defendant was hospitalized at C Hospital for 13 days on the ground of its salts and tension, as shown in attached Table 2, from that time to February 23, 2015, and was hospitalized for 380 days on 25 occasions as shown in attached Table 2, and the Defendant was paid insurance money from the Plaintiff in KRW 20,120,000 according to the instant insurance contract.

C. Meanwhile, the insurance contracts that the Defendant concluded with the insurance company including the Plaintiff before and after the conclusion of the instant insurance contract as the insured, and the insurance premiums, injury-disease daily allowances, and the details of the paid insurance money, etc. are as listed below:

E. List: Madern Insurance Co., Ltd., which concluded on January 23, 2009 with the Defendant’s insurance contract: monthly insurance premium (cost) for 0.3 billion won on February 18, 2013; insurance premium of 0.32,360 won on February 18, 2010; insurance premium of 0.30G No. 50,500 on November 21, 2008; insurance premium of 0.30G No. 160,50 on February 26, 2010; normal insurance premium of 0.30G No. 160,360 on February 18, 2013; insurance premium of 0.3G No. 10,000 on November 5, 200, 2008; insurance premium of 3G No. 1030,000 on February 26, 2010.

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