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(영문) 창원지방법원 2017.11.02 2017가합51504
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 27, 2009, the Plaintiff and Defendant A entered into each insurance contract listed in Appendix II with the insured as Defendant C, and the insured on May 28, 2009 with the Defendant A as the insured, and on March 31, 2010 with the insured as Defendant B, respectively.

B. Defendant C received the total amount of KRW 6,073,934 from January 4, 2010 to June 20, 2016, as indicated in the following table, for a total of 100 days from 100 days to 100 days from June 20, 2016, and received from the Plaintiff based on an insurance contract indicated in Appendix II.

E F F D

C. Defendant B received the total amount of KRW 5,640,000 from September 7, 2010 to July 2, 2016, as indicated in the following table, for a total of 16 hours of hospitalized treatment of 148 days, and was paid by the Plaintiff based on the insurance contract as listed in the attached Table III.

F F E E E D D

D. Defendant A was hospitalized for 249 days in total from November 17, 2014 to December 1, 2014 as indicated in the following table, and received total KRW 16,023,493 from the Plaintiff based on the insurance contract indicated in attached Table I.

E E E EF G [based for recognition] without dispute, Gap evidence 1 through 4, and Eul evidence 10 (including each number; hereinafter the same shall apply)

2. Each insurance contract described in Attachment I, II, and III of the Plaintiff’s assertion is concluded for the purpose of unjust acquisition of insurance proceeds through multiple insurance contracts, and thus is null and void against good morals and other social order.

Defendant A, a policyholder, is obligated to return to the Plaintiff the insurance money paid pursuant to an invalid insurance contract (i.e., KRW 16,023,493 won 6,073,934 won 5,640,000) as unjust enrichment. Defendant C is obligated to return the said insurance amount to the Plaintiff as unjust enrichment. Defendant C is jointly obligated to return KRW 6,073,934 out of the said insurance amount; and Defendant B is jointly and severally liable to return KRW 5,640,000 out of the said insurance amount to the Plaintiff.

3. Determination

A. Where a policyholder entered into an insurance contract with a view to unjust acquisition of insurance money through multiple insurance contracts, such insurance contract is governed by Article 103 of the Civil Code.

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