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(영문) 창원지방법원 2016.12.21 2016나54289
부당이득금
Text

1. Revocation of the first instance judgment.

The Defendant’s KRW 57,961,930 on December 21, 2016 to the Plaintiff and its related KRW 57,961,930 on May 7, 2015.

Reasons

1. Basic facts

A. 1) The Plaintiff, an insurance company, on March 5, 2010, entered into an insurance contract with the Defendant as an insurance company (hereinafter “instant insurance contract”) with the same content as indicated in the attached Table 1 (hereinafter “instant insurance contract”).

(2) The contents of the instant insurance contract include a special agreement that provides 30,000 won per the day of injury hospitalization, 20,000 won per the day of disease hospitalization, and 20,000 won per the video diagnosis cost.

B. After entering into the instant insurance contract, the Defendant received hospitalized treatment, etc. as shown in the attached Table 2 from August 3, 2010 to March 18, 2015, and received KRW 57,961,930,00 in total, including video diagnostic expenses and KRW 57,561,930 in the daily amount of injury and disease, and KRW 57,961,930 in the amount of insurance money according to the instant insurance contract.

C. After and after the conclusion of the instant insurance contract, the Defendant concluded an insurance contract with another insurance company including the Plaintiff and received the insurance money as follows.

2) On June 30, 208, KB damage insurance (Free) 115,000 30,000 30,000 - 30,000 - on October 5, 2010, Hyundai Maritime Fire Insurance (Free) 80,000,000 - 06,000 - 0,000 - 30,000 - 0,000 - 60,000 - 30,000 - 0,000 - 60,000 - 30,000 - 60,000 - 30,000 - 0,000 - 60,000 - 30,000 - - 630,000 - - 630,030,005 - - 36,04

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