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(영문) 서울중앙지방법원 2018.05.10 2016가합540262
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 that performs insurance business prescribed by the Insurance Business Act.

B. On July 15, 1998, the Plaintiff concluded an insurance contract with the Defendant, the insured, and the beneficiary as the Defendant for “non-dividend group security insurance.”

C. On June 23, 2005, the Defendant fell at a height of about 10 meters at the construction site B in Daegu-gun District.

(hereinafter “instant accident”). D.

On August 20, 2007, the Plaintiff paid 541,063,465 won to the Defendant for disability insurance falling under the 1st class 3 or 2nd class 1 of the Table of Disability Classification of Life Insurance Terms and Conditions.

E. The parts related to the defendant's disability grade in the life insurance policy classification table are as follows.

1. Paragraph 3 of grade 1: The term "air-going nursing" means a case where a person is obliged to leave a significant obstacle to the new boundaries or mind and life together with the restriction on the movement of (1) in the basic action of daily life for the maintenance of life; (2) food consumption; (3) operation of a person in custody; (4) operation of a person in his/her clothes; (3) operation of a person in his/her clothes; (4) operation of a person in his/her clothes; (5) treatment of a person in his/her bathing; or (3) the case where two or more of his/her bathings are restricted; or (1) the extent of restriction on movement action does not deviate from the invasion; and (1) the extent of restriction on movement action is limited.

2. Paragraph 1 of grade 2: The phrase "water hours" includes the restriction on the movement of (1) during the basic daily life to maintain life, (2) or more of the actions in which one or more of the bathings is restricted, (4) urines, urines, or the subsequent treatment thereof, (5) one or more of the bathings shall always depend on the number of others due to dementia or mental illness; and (1) the extent of restriction on movement action in subparagraph 1 is necessarily necessary when the movement goes beyond erosion.

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