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1. As to the Plaintiff’s KRW 9.7 million and KRW 3.8 million among them, the Defendant shall start on March 5, 2014, and KRW 1.320,000.
Reasons
The following facts are not disputed between the parties:
The Defendant, who purchased the Plaintiff’s insurance, was hospitalized at a hospital without any need for hospitalized treatment and claimed insurance money under the name of the expenses for hospitalization, received insurance money from the Plaintiff as a total of KRW 9.7 million, including KRW 308,00,000 on March 5, 2014, KRW 1326,00 on March 26, 2014, KRW 960,000 on April 15, 2014, KRW 140,000 on May 16, 2015, KRW 9.60,000 on June 17, 2014, KRW 1080,00 on July 7, 2014, KRW 9,000 on January 20, 2015.
As compensation for damages suffered by the Plaintiff due to the above tort, the Defendant is obligated to pay to the Plaintiff the total sum of KRW 9.7 million and each amount paid to the Plaintiff, calculated by the rate of 5% per annum under the Civil Act and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of the delivery of the application for modification of the claim and the cause of claim, which is the day of July 15, 2019, sought by the Plaintiff from the day of each payment, which is the date of the tort.
The Plaintiff claimed damages for delay on the total amount of KRW 9.7 million from March 5, 2014, which was the date of the first illegal act, for the period exceeding the above recognition scope, but is not accepted.
The plaintiff's claim for damages is legitimate. The plaintiff's claim for damages is accepted within the scope of the above recognition and the remainder is dismissed.