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(영문) 서울중앙지방법원 2016.09.23 2015가단5349644
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of insurance business, etc.; B (a) and D are the children of the network E which concluded the insurance contract with the Plaintiff (hereinafter “the deceased”); and the Defendant is the mother of B and D (hereinafter “B, etc.”) who married on April 1, 1993 and divorced on August 25, 1998.

On February 3, 2010, the life-long insurance period of the life-long insurance contract of the insured policyholder: E on February 3, 2010, the life-long insurance period of the insured policyholder: 5 years E on December 15, 2010 under the special agreement for non-payment of non-payment for non-payment for non-payment for non-payment for non-payment for non-payment for non-payment for non-payment for non-payment for non-payment for non-payment for non-payment for non-payment for E on December 16, 2010, E on December 16, 1010, E on December 10, 10

B. The Plaintiff entered into an insurance contract with the Deceased as indicated below (hereinafter “each of the instant insurance contracts”). Each of the instant insurance contracts provides that all of the damage incurred by the insured’s intentional act shall not be compensated.

C. At around 18:30 on June 20, 201, the Deceased died by falling from his house 101, 201, 101, 201, 201, from his house to the first floor, and then, B, etc. inherited the deceased’s property by 1/2 shares.

The Defendant, as the legal representative of B, etc., who was a minor at the time, received total of KRW 174,984,813 (hereinafter “instant insurance proceeds”) with insurance proceeds under each of the instant insurance contracts from November 9, 2011 to February 13, 2012, asserting that the death of the deceased was an accident death.

E. However, when it was confirmed that the Deceased, who was aware of a simple fall accident, prepared an actual report and committed suicide, the Plaintiff filed a claim for return of unjust enrichment against the Defendant, B, etc. on April 17, 2013 (hereinafter “the claim for return of unjust enrichment”) seeking the return of the instant insurance proceeds under the court No. 2013Gahap51564.

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