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(영문) 광주지방법원순천지원 2017.11.16 2015가단73061
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 July 25, 2008 and February 3, 2012, the Plaintiff entered into each of the insurance contracts listed in the separate sheet (hereinafter “each of the instant insurance contracts”) with Defendant A as the insured by Defendant B (hereinafter “each of the instant insurance contracts”). Each of the instant insurance contracts includes a special agreement to guarantee the daily hospitalization in the event that Defendant A, the insured, is hospitalized.

B. Defendant A was hospitalized in C Hospital as an engine salt from January 10, 2009 to January 15, 2009, as well as in the attached Form “accident Som” sheet, and was hospitalized for a total of 464 days from January 10, 2009 to October 14, 2014. Under each insurance contract of this case, Defendant A was paid KRW 23,50,000 for Defendant A and KRW 9,109,487 from the Plaintiff, respectively.

Attached Form

Of the accident sight chart, the total amount of the insurance money paid under the insurance contract of this case is 2,17 to 20.

Meanwhile, Defendant B received KRW 144,00,000 on March 4, 2014, and KRW 5,642 on November 25, 2014 in accordance with the instant secondary insurance contract, in addition to the total amount of payment of the attached list of accident inundation.

C. The insurance contract concluded by Defendant A as the insured before and after each of the instant insurance contracts is as listed in the “current Status of Insurance Coverage” in the attached Form.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that Defendant B concluded each of the instant insurance contracts with intent to illegally acquire insurance money through multiple insurance contracts, and each of the instant insurance contracts is null and void as it is contrary to good morals and other social order as stipulated in Article 103 of the Civil Act. Defendant A, although there is no need or reasonableness for hospitalized treatment, provided that the symptoms were disguised or exaggeratedly hospitalized and received insurance money from the Plaintiff.

Therefore, the Defendants each of the instant cases.

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