1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. Based on the guaranteed insurance contract concluded under the name of the Defendant, the Plaintiff paid KRW 3,860,000 in total on five occasions as indicated in the details of payment of the insurance proceeds in the attached Table between January 24, 2011 and February 7, 2012, to the Defendant’s account in the name of the Defendant.

B. On July 18, 2013, the Defendant’s co-defendant B and C (hereinafter collectively referred to as “the Defendant of the first instance trial”) conspired to receive insurance money from an insurance company as if he/she were hospitalized or hospitalized with a false insurance after having subscribed to the insurance, and Category B and C colored a person to be hospitalized with a hospital instead of a hospital to be hospitalized, and Category D received insurance money from a large number of insurance companies on the basis of an insurance contract he/she directly hospitalized or hospitalized with another person on behalf of the Defendant and acquired it by fraud on the basis of the insurance contract he/she or the Defendant’s name. The Defendant was prosecuted as the Defendant of the first instance trial under the former District Court Order 2013Ma167, 2013Ma1190, which became final and conclusive on July 18, 2013, B was sentenced to suspended sentence of imprisonment with prison labor for 1 year and 2 years suspended sentence of imprisonment with prison labor for 1 year, and D, respectively.

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

2. The plaintiff's assertion and judgment

A. The Defendant of the first instance trial, etc. alleged by the Plaintiff, even though there was no reasonable ground for the payment of insurance proceeds, took advantage of the Plaintiff’s insurance proceeds illegally received KRW 3,860,00 from the Plaintiff through false and excessive hospitalized treatment. The Defendant did not actively participate in the act of acquiring insurance proceeds by the Defendant

Even if there is a liability for implied consent or aiding and abetting it, the above 3,860,000 won is jointly and severally liable with the co-defendant of the first instance trial.

B. (1) First, we examine whether the Defendant’s unjust enrichment was made to the Plaintiff.

The benefit in the claim for return of unjust enrichment refers to the substantial benefit.