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(영문) 서울중앙지방법원 2014.02.18 2013가합515654
부당이득금
Text

1. Defendant A and B each of the Plaintiff KRW 87,492,406 and 5% per annum from May 15, 2013 to February 18, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of insurance business, etc., and the Defendant A (hereinafter collectively referred to as “Defendant A”), and E are the children of netF who concluded an insurance contract with the Plaintiff, and the Defendant C is a person who married on April 1, 1993 with Defendant A, E’s mother and F, and divorced on August 25, 198.

The life-long insurance period of the life-long insurance contract No. 1, 2010 No. 1: F on February 3, 2010: F on February 16, 2010: F on December 15, 2010 of the five-year F on the Special Agreement on Non-Distribution of Non-Distribution Loss Insurance Claim No. 5 years F on December 15, 2010 under the Special Agreement on Non-Distribution of Non-Distribution Prepaid Cancer 10 years F on December 16, 2010

B. The Plaintiff entered into an insurance contract with F (hereinafter “each of the instant insurance contracts”) as indicated below, and each of the instant insurance contracts provides that all of the damages incurred by the insured’s intentional act shall not be compensated.

C. At around 18:30 on June 20, 201, F died of H apartment 101, 101, 201, from one floor to the first floor (hereinafter “instant accident”), and accordingly, Defendant A and E inherited the F’s property each 1/2 equity.

Defendant C, as the legal representative of Defendant A and E at the time of the death of the said F, received insurance proceeds under each of the insurance contracts of this case, each of the insurance proceeds of November 101, 201, 201, 2,812,236 won, 70,105 won on November 21, 201, 201, 70,000 won on December 20, 201, 200, 700,000 won on January 20, 2011, and 68,560,50,501, and 174,984,813 won on February 13, 2012, respectively.

【Ground of recognition】 The fact that there has been no dispute, Gap's entries in Gap's 1 through 7, 11 through 15, and the purport of whole pleadings

2. Determination as to the claim against Defendant C

A. The Plaintiff’s assertion 1F saw that the Plaintiff’s assertion was satisa in his house, thereby making the Plaintiff’s assertion.

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