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(영문) 인천지방법원 부천지원 2018.11.15 2017가단106154
부당이득금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On September 28, 2012, the Defendant entered into an insurance contract with the Plaintiff indicated in the separate sheet (hereinafter “instant insurance contract”). The monthly insurance premium paid in the instant insurance contract is KRW 5,000.

B. The Plaintiff paid a total of KRW 15,227,366 to the Defendant eight times as follows.

50,000 won per day (330,00 won per injury x 31 day x 30,00 won per injury x 30,00 won per day) beyond the number of days of accident, 120,00 won (20,000 won per day x 30,000 won per injury x 11 day) 30,010,684 (2 million won per after injury x 20,000 won per day, interest 10,684) beyond April 7, 2014 4. 48,60,00 won per day (36,00 won per injury x 306,00 won per day per injury x 29,000 won per day x 37,000 won per injury x 29,000 won per day x 29,000 won per day of injury x 15,000 won per injury x 14,5015 days per day

2. The plaintiff's primary claim

A. The plaintiff's assertion that the defendant concluded multiple insurance contracts with similar coverage contents on several occasions before and after the conclusion of the instant insurance contract, and received insurance proceeds of KRW 50,03,330 in total from each insurance company.

The defendant, even though he was the occupational father, paid the insurance premium of KRW 286,140 each month, and received the medical treatment repeatedly due to minor illness.

Therefore, the insurance contract of this case is denied insurance money in disguise of insurance accident.

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