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(영문) 광주고등법원 2016.06.17 2015나14807
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Upon entering into an insurance contract, Defendant A entered into an insurance contract with the Plaintiff and Defendant B as the insured on November 24, 2008, respectively, on January 29, 2009, and on January 29, 2009, an insurance contract listed in Attachment 1’s Schedule 1’s Schedule 2 as the insured.

(hereinafter “each of the instant insurance contracts”). (b)

Defendant B was hospitalized at each hospital for 55 days in total from February 6, 2009 to April 14, 2014, as indicated in attached Table 2, including that Defendant B was hospitalized at C for 15 days at C Council members, at around February 6, 2009, at each hospital, as indicated in attached Table 2.

C. The status of the conclusion of each of the Defendants’ respective insurance contracts and each of the insurance contracts concluded with Defendant B as the insured, which were maintained at the time of the conclusion of each of the instant insurance contracts, and the insurance money that the Defendants and the Defendant B’s spouse received from the insurance companies, including the Plaintiff as the insured events, prior to each of the above insurance contracts, are as listed below:

[ table] The total sum of KRW 32,485,485 surgery insurance proceeds on June 4, 2007, and KRW 17,232,000 of hospitalization insurance proceeds on the date of a contract with the name of the insurance company (original contractor) for the monthly payment of insurance premium (cost) on the date of the net insurance contract with the name of the insurance company (original contractor). The sum of KRW 32,485,485, and KRW 17,232,000 of hospitalization insurance proceeds is included as the spouse of Defendant A E., who is identical to D and the same person as the spouse of Defendant E.

Defendant A’s future 3 Future Deposit) LOVEAGE Social Heading on January 30, 2009, Defendant A AB 105,000 Family Love Insurance Co., Ltd., and Defendant B B B B B 4 interesting fire on August 29, 2008, the insurance amount of KRW 7,500,000 for traffic accident disposal costs, KRW 100,000 for towing costs, and KRW 100,00 for towing costs, and KRW 100,00 for towing costs.

D Defendant B-5 A-S A-S A-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

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