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(영문) 부산고등법원 (창원) 2017.01.12 2015나24020
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

Attached Table 1, concluded between the Plaintiff and the Defendant, respectively.

Reasons

1. Basic facts

A. (1) On August 6, 2008, the Plaintiff entered into an insurance contract between B (1966, Defendant’s words) and B as beneficiary of the insured and the non-life insurance contract (hereinafter “instant insurance contract”). The Plaintiff entered into an insurance contract in attached Table 1 List 1(1) (hereinafter “instant insurance contract”).

(2) On August 28, 2008, the Plaintiff entered into a contract with the Defendant to change the policyholder of the said insurance to the Defendant. The guarantee of the said insurance contract includes the payment of KRW 30,000 per day of disease hospitalization expenses and KRW 20,00 per day of ordinary injury temporary living expenses. 2) On September 23, 2008, the Plaintiff entered into an insurance contract between the Defendant and the Defendant as the beneficiary of the insured and the non-insured non-insured non-insured insurance money, as indicated in attached Table 1 List 2.

(2) The term “instant 2 insurance contract” refers to the term “instant 1 and 2 insurance contracts,” and the term “each of the instant insurance contracts” refers to the term “each of the instant insurance contracts.” The term “the instant insurance contracts” includes the term “payment of KRW 70,000 per day for the portion exceeding three days when hospitalized for at least four days due to urine diseases, etc.

B. On September 23, 2008, the occurrence of the insured events and the payment B of the insurance proceeds received from the Plaintiff the insurance proceeds of KRW 14,945,09 in total according to each of the instant insurance contracts (i.e., the insurance proceeds of KRW 46,680,141 under the first insurance contract) for 35 days from September 23, 2008 to October 27, 2008, as shown in the attached Table 2, from that time, the Plaintiff was hospitalized in the L Hospital for 826 days from February 12, 2015, as shown in the attached Table 2.

C. The details of the conclusion of the insurance contract with B as the insured No. 1 as the contractor's insured No. 28,400,400,420,630,000 Samsung Bio-resources B on August 7, 2005, 198, 26,200 Sucheon 20,200 Sucheon 20,960,000 2 AI insurance on August 25, 2007, 2003 Samsung Bio-resources B on July 25, 2007

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