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(영문) 광주지방법원 목포지원 2018.01.25 2016가합11122
부당이득금
Text

1. The insurance contract entered in the Appendix 1 List concluded between the Plaintiff and the Defendant is invalid.

2. The defendant.

Reasons

1. Basic facts

A. On February 5, 2009, the Defendant: (a) between the Plaintiff and the insured and the beneficiary of his/her out-of-life insurance; and (b) concluded an insurance contract indicated in the attached Table 1, stating that the insured would receive the daily amount of hospitalization from the Plaintiff when the insured is receiving treatment for injury or disease (hereinafter “instant insurance contract”).

B. From November 23, 2010 to December 7, 2010, the Defendant received hospital treatment from a National Assembly member from the time to August 3, 2015 on the ground of salt, tension, etc. of the bones, as shown in the attached Table 2, for 1,043 days, on the ground that the Defendant was hospitalized at a National Assembly member for 15 days from the time of receiving hospital treatment. The Defendant received KRW 89,257,787 in total according to the insurance contract of this case from the Plaintiff before the instant lawsuit was filed.

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 details of the insurance premiums, daily allowances for hospitalization, and the paid insurance money, etc. are as listed below.

(E) Table: 1. 79,190,190 30,250,257,200, 30G 60,000, 30,000, 30,000, 30,000,00,000,000,000,000,000,000,000,000,000,000,000,00 6. 30,00,00,00,000,00 6. 28,0,00,00,00,00,00,00 6. 30,0,00,00,00,00,00 (30,000,000,000,000,000,0000,000,000,000,000,00,00,000)

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