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(영문) 수원지방법원 안산지원 2018.05.25 2018가단51679
부당이득금
Text

1. The Defendant’s KRW 26,468,406 as well as the Plaintiff’s annual rate from January 31, 2018 to May 25, 2018, and the following.

Reasons

1. Basic facts

A. On October 30, 2008, the Plaintiff concluded an insurance contract in attached Form 1 with the purport that the Defendant and the insured both the beneficiary as the Defendant and the insured should pay the insurance proceeds in certain cases, such as receiving general injury or disease treatment as prescribed by the terms and conditions (hereinafter “instant insurance contract”).

B. After the conclusion of the instant insurance contract, the Defendant received hospitalized treatment for 443 days (hereinafter “instant hospitalized treatment”) on a total of eight occasions, as indicated in the following table, from September 10, 201 to February 17, 2015, from the medical hospital located in Ansan-si, Ansan-si.

The Defendant received insurance proceeds of KRW 65,177,807,00,000,00 as the daily amount of hospitalization for disease during the instant hospital treatment period.

(1) On September 10, 201, 201, 5,640, 201: (a) 5,640, 376 on October 26, 201, 201; (b) 7,516, 414 3; (c) 8, 125, 204; (d) 206. 16. 6. 48, 205, 205, 206. 16. 16. 4; (c) 5; (d) 5,000,000 ; (e) 5,000,000 ; (e) 5,000,000 ; (e) 5,000,000 ; (e) 5,000; and (e) 5,000,000 ; and (e) 16,013. 6,06. 25. 20

2. The parties' assertion

A. The Plaintiff asserted that the Defendant was hospitalized for the purpose of acquiring the insurance proceeds even when the medical treatment was not required, except for the period of time when the need for hospitalized treatment was acknowledged based on the result of appraisal on the medical record period of the instant case’s medical record, etc. (21 days from the first hospitalization, 21 days from the second hospitalization, 42 days from the No. 42, 56 days from the No. 5, 42 days from the No. 6, 21 days from the No. 7, 35 days from the No. 1 to 7, and the remaining period from the Plaintiff.

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