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(영문) 광주지방법원순천지원 2016.08.09 2015가단70734
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The amount exceeding three days and exceeding one day when he/she continued to be hospitalized for at least 20,000 on March 4, 2005, March 4, 2005, 464,900,000 on April 23, 2006, when he/she was hospitalized for at least four consecutive days on September 28, 2007, when he/she was hospitalized for at least four consecutive days on September 28, 2007, when he/she was hospitalized for at least three consecutive days on September 36, 2007, 160, 000, 000 average 1 KRB life insurance (the same shall apply to cases due to a disaster) and other specific diseases (the same shall apply to cases of a disaster).

A. On March 4, 2009, the Plaintiff concluded the instant insurance contract with the Defendant. The current status of the insurance contract that the Defendant concluded with the Defendant as the insured prior to the instant insurance contract is as follows.

(P) No. 4 is the insurance contract of this case).

After the insurance contract of this case, the Defendant received hospital treatment for 493 days in total and 50,735,417 won from the Plaintiff under the insurance contract of this case under the diagnosis, such as salt, tension, sale, sale, sale, salt, and tension of the bones, sale, salt and tension of the bones, sale, sale, sale and sale, and salecopic pressure from November 6, 2010 to February 2, 2015.

[Ground of recognition] Facts without dispute, Gap 1 to 4 items, Dongyang Life Insurance Co., Ltd., KB Damage Insurance Co., Ltd., and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that the instant insurance contract is null and void as a juristic act contrary to social order stipulated in Article 103 of the Civil Act. As such, the Defendant’s insurance money received from the Plaintiff based on the instant insurance contract ought to be returned to unjust enrichment. Even if the instant insurance contract is not null and void, the Defendant received the insurance money from the Plaintiff due to false or excessive hospitalization, and thus, the insurance money should be returned to unjust enrichment, regardless of the propriety

B. (1) Determinations are large number of policyholders.

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