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(영문) 의정부지방법원 2018.01.18 2017나211765
부당이득반환
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

The reasoning of the judgment of this court, which cited the judgment of the court of first instance, is the same as that of the judgment of the court of first instance, except where the defendant added the following judgments as to the allegations added by this court, and thus, it is acceptable as it is in accordance with the main sentence

[Additional Decision] The defendant's assertion that the defendant is a third party acting in good faith is that the plaintiff paid insurance money to the defendant by the third party's fraud such as C Hospital and F Oriental Medical Hospital's note, and the defendant is a third party acting in good faith. Thus, the plaintiff cannot oppose the defendant as cancellation of the above declaration of intention by fraud.

However, in the instant case, the Plaintiff did not claim the revocation of the intent to pay the insurance money by fraud such as the above note, but asserted that the Defendant was paid by the Plaintiff without any cause even though it does not meet the requirements for the payment of the insurance money, and sought a return of unjust enrichment against the Defendant. Therefore, the Defendant’s above assertion is without merit.

The defendant asserts that the medical expenses for hospitalization of a disease should be excluded from the amount of KRW 31,546,060,000, the defendant asserts that the non-indicted C Hospital or F Oriental Medical Center was benefiting from the amount of KRW 31,546,060, not the defendant. Since the defendant did not gain any benefits, the above money should not be excluded from the scope of return of unjust enrichment.

However, it cannot be readily concluded that the Defendant did not gain any benefit with respect to KRW 31,546,060 of the above expenses for hospitalization of disease. Therefore, the Defendant’s above assertion is without merit.

In conclusion, the judgment of the court of first instance is legitimate, and all appeals against the defendant's principal lawsuit and counterclaims are dismissed.

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