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.

1. Basic facts

A. The Plaintiff is an insurer who has entered into an F contract with the Defendant, and the co-defendant E is the intention of an I Hospital and the co-defendant D of the first instance trial is the operator of the above hospital.

B. The above E and D were convicted of committing a crime, such as preparing false medical records and receiving insurance proceeds from the insurance company, even though patients of the I Hospital did not receive physical treatment such as physical treatment, so that they can receive the insurance proceeds by deceiving the insurance company.

C. However, among the facts charged in the above judgment, there was a statement that the defendant, as a patient, acquired insurance proceeds of KRW 30,493,765 in collusion with the above E and D.

On the other hand, the Plaintiff paid the Defendant the total amount of KRW 46,572,493 on the ground that the Plaintiff was hospitalized in the I Hospital.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The plaintiff asserted and judged that the defendant sought a return of unjust enrichment equivalent to the insurance money paid to the defendant on the ground that he received false treatment in collusion with the above D and E, but even according to the records of the related criminal case, the defendant conspired with D, E and it is not clear whether he received insurance money through false treatment in collusion with the defendant, even according to the records of the relevant criminal case, D and E did not have any specific statement about the defendant, and the defendant also entered only as a public solicitor in the criminal judgment without being investigated or not in the relevant criminal case, and the defendant actually was hospitalized in the I Hospital for the treatment of disease. In light of the fact that it is difficult for the evidence submitted by the plaintiff to verify the defendant's details of false treatment or the amount of unjust enrichment due to the defendant's fraudulent treatment, etc., the defendant received false treatment in collusion with D and E.