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(영문) 인천지방법원 2019.04.26 2018나63306
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 3, 2009, the Plaintiff entered into an insurance contract between the Defendant and the insurance period from July 3, 2009 to July 3, 2059, with the insured as the Defendant, and the “D Insurance (Securities Number W) contract (hereinafter “D Insurance”) with the content of guarantee as stated in attached Table 1 as the Defendant.

B. From January 23, 2010 to February 6, 2010, the Defendant was hospitalized at a hospital by November 29, 2016, as shown in attached Table 2, as well as being hospitalized at a X hospital located in Bupyeong-gu Incheon, Incheon, for 15 days, from January 23, 2010 to around February 6, 2010. The Defendant received insurance proceeds totaling KRW 77,679,462 from the Plaintiff according to the insurance contract of this case.

C. Meanwhile, the details of the Defendant’s purchase of guaranteed insurance policies concluded with other insurance companies including the Plaintiff are as follows:

(including what has been invalidated and has been maintained up to now) The entry of the name of each insurance company in the table shall be omitted.

(3) On September 19, 208, the 3rd insurance premium (unit of KRW 20,000) 1 LM on April 29, 1996, the 196.76,70 disaster 6,00 won 6,00 won 2N insurance effective two times after payment, the 3rd insurance Co., Ltd. 40,000 won 10,000 won 30,000 won 10,000 won 10,000 won 30,000 won 4.0,00 won 20,000 won 20,000 won 3.0,00 won 4.0,00 won 20,00 won 20,000 won 30,000 won 20,000 won 30,000 won 30,000 won 30,000 won 30,000 won

2. Judgment as to the main claim

A. The plaintiff's assertion.

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