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1. The Defendant’s KRW 54,190,00 and the Plaintiff’s annual rate of KRW 5% from July 22, 2015 to June 14, 2017.
Reasons
1. Facts of recognition;
A. On April 25, 2005, the Plaintiff entered into a health insurance contract with the Defendant with the insured, the beneficiary’s insurance premium of KRW 101,790 per month, the insurance amount of KRW 10,000 per week, the principal insurance contract of KRW 10,000 per annum, KRW 30,000 under the special agreement for hospitalization, KRW 10 million under the special agreement for cancer treatment, KRW 10,000,000 under the special agreement for surgery, KRW 50,000,000 under the special agreement for disaster death, and KRW 10,000,0000 under the special agreement for disaster injury (hereinafter “instant insurance contract”).
B. From June 5, 2008 to July 3, 2008, the Defendant was hospitalized in C Hospital located in B in the following cities for 29 days under the name of “humconitis, etc.” and received 7.80,000 won of insurance money from the Plaintiff on July 18, 2008, from that time until July 22, 2015, and received KRW 54,190,000,000 in total from the Plaintiff from July 22, 2015.
C. The Defendant concluded an insurance contract with 10 insurance companies including the intent to receive insurance money under the name of medical expenses, hospitalization expenses, etc. for a longer period than the actual period necessary for medical treatment, even though it is possible to provide hospital treatment without requiring intensive treatment, and concluded an insurance contract with the Plaintiff on July 18, 2008. The Defendant, including the receipt of insurance money from the Plaintiff on July 18, 2008, received an excessive hospitalization from each of the above insurance companies until July 24, 2015, and received a total amount of KRW 181,48,000 from the time of the excessive hospitalization, and was prosecuted as the Military Branch of the Jeonju District Court 2016Ra8555, Nov. 29, 2016. The above judgment became final and conclusive.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Determination
(a) the exercise of rights as a means of deception of relevant legal principles.