1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. The Defendant, in collusion with the wife B, purchased 7 insurance products including the Plaintiff’s insurance contract, and the Defendant purchased 7 insurance products of the seven insurance companies including the Plaintiff. The Defendant, as if he had received hospital treatment and received hospital treatment as if he had no need for hospital treatment during the period from May 23, 2014 to November 14, 2014, by deceiving the said insurance companies, including the Plaintiff, by claiming for hospital treatment, and by deceiving the Defendant, as if he had received hospital treatment, and received total 42,765,223 won from the said insurance companies including the Plaintiff, and obtained insurance proceeds total 10 times from the said insurance companies, convicted the Defendant (Seoul Northern District Court Decision 2017Ma17, 2017Ma26314) in the first instance trial, and the appellate court (the same Court Decision 2017No2514) was dismissed, and the final appeal was withdrawn and finalized.

2) If only the part concerning the plaintiff out of the amount of damage stated in the criminal facts of the above criminal judgment is extracted, the sum of 11,762,434 won from May 29, 2014 to November 14, 2014, as shown in the attached Table (i.e., the amount received by the defendant 7,329,474 won) (i.e., the amount received by the defendant 7,329,474 won) reaches the amount of KRW 4,432,960). [Grounds for recognition] In the absence of dispute, there is significant fact in this court, significant fact in this court, evidence Nos. 1 through 5, evidence Nos. 1 (if a number is available, it shall be included

2. The parties' assertion

A. The above insurance money paid by the Plaintiff shall be returned to the Plaintiff as unjust enrichment received by being hospitalized fraudulently by the Plaintiff and B, even though there was no ground for payment of insurance money such as joint tort or hospitalization by deceiving the Plaintiff in collusion with the Defendant with the intent to acquire insurance money.

Therefore, the defendant is obligated to pay the insurance proceeds to the plaintiff 11,762,434 won and damages for delay.

B. At the time of the accident, whether hospitalization is necessary as the Defendant received a written diagnosis from a hospital by suffering injuries due to an accident, is based on the judgment of the competent doctor.