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(영문) 광주고등법원 2018.01.30 2016나14057
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. 1) The Defendant is the insured and beneficiary of himself and the Defendant’s insurance contract on December 21, 2007 with the Plaintiff as the insured and beneficiary and the Plaintiff’s insurance contract indicated in [Attachment 1] Paragraph (1) of [Attachment 1] (hereinafter “instant insurance contract”).

B) On December 28, 2007, the Korea Fire and Marine Insurance Co., Ltd. and the insurance contract listed in Appendix 1 List No. 2 (hereinafter “instant 2 insurance contract”) are referred to as “instant 1 insurance contract” and “each of the instant insurance contracts” in the case of the instant 1 insurance contract.

(2) On the other hand, the Japanese Fire and Marine Insurance Co., Ltd. was merged with the Plaintiff on December 31, 2009, after the conclusion of the instant secondary insurance contract.

(hereinafter referred to as the “Plaintiff” without distinguishing the Plaintiff from the Japanese Fire Insurance Co., Ltd.

The Defendant, after entering into each of the instant insurance contracts, was hospitalized for 476 days from January 21, 2008 to 15 days from the conclusion of each of the instant insurance contracts, as shown in attached Table 2, including where the Defendant was hospitalized for a total of 31 days from that time, from that time to July 19, 2014.

C. Among the insurance contracts with the defendant as the insured and the insurance contracts whose daily allowances for hospitalization due to diseases or injuries are guaranteed by the defendant as the insured, contracts which are maintained at the time of each of the instant insurance contracts or concluded after each of the instant insurance contracts, and insurance proceeds that the defendant received are as follows:

The entry of an insurance company’s “stock company” below the sequence is entirely omitted.

A daily allowance to be paid additionally shall not be reflected in cases where the number of days of a monthly insurance premium (won) per day of the contract increases or the number of days of hospitalization is hospitalized due to a major disease.

Insurance money is paid (won) 1 Dongyang Life Insurance Co., Ltd. 1, 2005, 148,800,000 20,000 27,400,000 Hyundai Life Insurance Co., Ltd. 5,180,000 523,670,000 50,000 50,000 523,670,000,000 3KB life insurance(non-life insurance).

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