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(영문) 광주지방법원 2016.07.20 2014가단509441
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 48,595,005 to the Plaintiff (Counterclaim Defendant) and its amount from March 11, 2014 to July 20, 2016.

Reasons

1. Basic facts

A. On November 25, 2008, the Plaintiff Company and the Defendant concluded the instant insurance contract (hereinafter “instant insurance contract”) with “non-dividend NwD 0808” (hereinafter “instant 1”) and on March 11, 2011, respectively.

The main contents thereof are as follows:

Classification Classification 1 Insurance Co., Ltd., Defendant Defendant Defendant Insurance Co., Ltd., of the instant case 2 insurance from November 25, 2008 to November 25, 2063, from March 11, 2011 to March 11, 2064, of the insurance coverage period of the Defendant Defendant Defendant Insurance Co., Ltd., with special terms and conditions of guaranteeing medical expenses for hospitalization of disease amounting to KRW 30,00,000 per day (at least one day) and special terms and conditions of guaranteeing medical expenses for hospitalization of disease amounting to KRW 20,00 per day of hospitalization (at least one day from the first day), special terms and conditions of guaranteeing per day of hospitalization (at least one day from the first day), and “the amount of KRW 30,00 per day of hospitalization” under this part of the written statements dated June 13, 2016 and “the amount of KRW 20,00 per day of hospitalization” is clear.

(See A evidence 1). Special terms and conditions of guarantee for cancer per day of hospitalization, 100,000 won per day of hospitalization (from the fourth day)

B. The Defendant’s diagnosis, surgery, and hospitalization1) on August 6, 2012, the Defendant is the Jeonnam University Hospital (hereinafter “Ynam University Hospital”).

(2) On August 20, 2012, the Defendant was diagnosed as “mark mar’s bad faith in an unknown room,” and was hospitalized in the Jeonnam Hospital, and was discharged on September 3, 2012 (15 days of hospitalization) from the hospital, and was discharged on September 3, 2012. (2) The Defendant was hospitalized in the B convalescent hospital located in Yangyang-gun, Namyang-gun, on September 3, 2012, and was discharged from the hospital on March 29, 2014.

(573) On March 31, 2014, the Defendant was hospitalized in the “C oriental medical hospital” located in the Mandong-gun, Chungcheongnam-gun, and discharged on July 16, 2014 (108 days). On July 17, 2014, the Defendant was hospitalized in the “D convalescent hospital” located in Gwangju, and discharged on August 4, 2014.

(19 days and 700 days of total hospitalization, excluding Jeonnam Hospital).

1 The Plaintiff Company shall pay insurance proceeds from October 4, 2012 to March 2014.

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