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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. The facts of recognition ① Defendant-friendly C, who served as the Plaintiff’s insurance solicitor, is also the Defendant’s agent.
In the name of himself, the defendant, and the non-party D, who is another son, subscribed to various insurance companies including the plaintiff, and there is no need to be hospitalized in the hospital, but there is no need to be hospitalized in the hospital.
② On December 9, 2003, the Defendant hospitalized 21 days on the ground of the amount of the above path, but hospitalized 28 days at another hospital on the ground of the amount of diversified damage in another hospital on the following day after the discharge. However, even though the symptoms were insignificant and there was no need for hospitalized treatment, and C did not receive medical treatment except for a prescription during the period of hospitalization, as seen above, claimed insurance money from the Plaintiff as if the Defendant had received hospitalized treatment, and received total 3,269 million won from February 23, 2004 to June 9, 2009.
③ On April 7, 2010, C, the Defendant, and D were convicted on the facts charged that they were indicted for the 2010 Godandan93 case and acquired insurance proceeds from the Plaintiff and other insurance companies, including the above insurance proceeds, and this judgment was finalized on April 15, 2010.
④ On August 20, 2018, the Plaintiff received a partial favorable judgment against C with the purport that “3,65,000 won and damages for delay from May 9, 2018,” which was sought for the return of unjust enrichment with respect to the insurance money paid as above by this court 2018Gadan51792, and that “D shall pay damages for delay from May 9, 2018,” and that “D shall pay damages for delay from KRW 3,200,00 and damages for delay from August 7, 2009,” and was sentenced to partial favorable judgment against D on April 9, 2019.
⑤ On April 28, 2018, the Plaintiff filed an application for a payment order seeking the return of unjust enrichment with respect to the above insurance money paid to the Defendant by the instant court No. 2018 tea or 107924, but, upon filing an objection, the instant lawsuit was implemented by the Defendant.
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