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(영문) 서울중앙지방법원 2018.10.01 2018가단5010787
부당이득금
Text

1. The Defendant’s KRW 83,212,631 as well as the Plaintiff’s annual rate from October 12, 2010 to December 20, 2017.

Reasons

1. Facts of recognition;

A. After joining the Plaintiff, an insurance company, the Defendant received 83,212,631 won totaling KRW 75 times from the Plaintiff, from May 17, 2005 to September 23, 2005, the Defendant received 6,001,397 won from the Plaintiff on October 7, 2005, after being hospitalized for 130 days from 130 days from May 17, 2005 to 130.

B. From February 4, 199 to May 28, 2010, the Defendant appears to have subscribed to a total of eight insurance companies, including the Plaintiff, with the knowledge of the fact that in the event of being hospitalized for more than three days, insurance companies would be paid insurance money, such as hospitalization benefits, etc., and in excess of 120 days, if the amount exceeds 120 days, the payment limit of hospitalization benefits would change the name of the sick, and in the event that the amount exceeds 120 days, the Defendant received the insurance money by the method of hospitalization in another hospital. The fact that the Defendant received the insurance money from the Plaintiff after being hospitalized even though it was in a state that the treatment was not required, and the written indictment from October 7, 2005 to October 11, 2010 stated, but according to the attached indictment, the final insurance money recipient was deemed to have been sentenced to imprisonment with prison labor for more than 20 years, and the Defendant was accused of the total amount of insurance money transferred to the Defendant for 20138.14.7.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination on the cause of the claim

A. In a civil trial, even if it is not bound by the fact-finding of the criminal trial, the criminal judgment already became final and conclusive on the same factual basis.

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