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(영문) 광주고등법원 2016.11.18 2016나10871
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On April 28, 2010, the Defendant concluded an insurance contract with the Plaintiff as the insured on April 28, 2010 (hereinafter “instant insurance contract”).

B. From September 6, 2010 to August 30, 2014, the Defendant received KRW 11,040,000,000,00 from the Plaintiff, on the ground that the Defendant had been hospitalized for 22 days in total as shown in attached Table 2, on the ground that he had been hospitalized for 371 days in total.

C. Before entering into the instant insurance contract, the Defendant purchased a large number of guaranteed insurance policies with himself as the insured and received insurance proceeds therefrom. The details are as follows.

Of the insurance contracts asserted by the Plaintiff, the Defendant excluded the insurance contracts that are not the insured.

It is omitted that the entry of the insurance company of the 1 Hyundai Flap Life Insurance Co., Ltd. in the insurance company is exempt from paying insurance premiums for the types of insurance (cost) on the date of insurance subscription.

(hereinafter the same shall apply)

7. On July 17, 04, the insurance money paid to the defendant's family member who is not the defendant's 65,400,000 as the accident, was excluded from 350,000 won. The daily confirmation of Samsung Life Insurance 04.06, 01,150 cannot be confirmed per 3G non-life insurance 08.0,00 Won 45,000 Won 11,148,840,000 Won 30,000 Won 50,000 per 840,000 won per 97,000 Won 97,00 won per 97,00 won per 50,000 won per 40,000 Won 5,000,000 won per 56,590,000 won per day of hospitalization, 307,000 won non-life insurance 9,50,000 won per 84,05.

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