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. At around 19:40 on January 6, 2013, the Defendant, along with Co-Defendant B and C of the first instance trial, was driving along the land of the other party at a point of 363 km away from the south of the middle Highway at the south of the Southern-si, Southern-si, and was going to a destination, and the other party’s vehicle was driving along the said vehicle at a point of 363 km, causing an accident (hereinafter “instant accident”).

B. The Defendant was hospitalized in the Dental Medical Center located in Incheon, Seo-gu, from January 11, 2013 to April 14, 2013 due to the instant accident, and received physical treatment twice during the aforementioned hospitalization period (four days).

C. Meanwhile, on January 16, 2013, the Plaintiff, as the insurer of the other party vehicle, paid the Defendant KRW 920,000 in the name of agreement, and KRW 311,460 in the name of medical expenses, etc. on January 18, 2013, respectively.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Defendant exaggeratedly hospitalized the instant accident in the hospital and received excessive insurance money in comparison with actual damage by infusing it with the intention to defrauding the insurance money by cryptizing the instant accident. 2) Even if the Defendant did not have the intent to obtain insurance money, the Defendant was hospitalized in the hospital, despite the fact that the Defendant did not reach the degree of injury to be hospitalized, thereby unjust enrichmenting the above insurance money.

B. In a case where the judgment defendant falsely reported the insurance accident with intent to obtain insurance money or intentionally caused the insurance accident, fraud regarding the insurance money is established. Furthermore, even if the defendant suffered minor injuries due to the accident that could constitute the insurance accident, if he/she is hospitalized in the hospital for a long time and received excessive insurance money in comparison with the actual damage on the ground of the intention to obtain the insurance money through the deception, even if he/she suffered minor injuries, the whole insurance money is paid