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(영문) 광주지방법원 2018.08.24 2015가단529466
부당이득금
Text

1. The Defendant’s KRW 14,730,00 for the Plaintiff and KRW 5% per annum from August 31, 2015 to August 24, 2018.

Reasons

1. Basic facts

A. On December 5, 2007, the Plaintiff entered into the instant insurance contract with the Defendant with the insured and the beneficiary as the Defendant, and with the insurance period from December 5, 2007 to December 5, 2040.

B. The major coverage of the instant insurance contract is as follows.

A daily allowance for injury: 50% of the subscription amount (in addition to 50% of the subscription amount when he/she is hospitalized for at least 61 days, 10% of the subscription amount when he/she is hospitalized for at least 31 days due to general injury, 50% of the subscription amount when he/she is hospitalized for at least 61 days, and 100% of the subscription amount when he/she is hospitalized for at least 91 days) of the subscription amount, daily allowance for injury to KRW 1 million: when he/she is hospitalized for disease (within 180 days from the date of the accident per one day, 180 days from the date of the accident), 30% of the subscription amount when he/she is hospitalized for at least 31 days due to disease (payment by adding 50% of the subscription amount when he/she is hospitalized for at least 61 days, 100% of the subscription amount when he/she is hospitalized for at least 91 days), 100,000 won of the subscription amount.

C. From January 29, 2008 to March 6, 2008, the Defendant received the hospitalized treatment for 38 days from the 30-day surgery with the verteum, tension, etc. of the bones of verteas, and received the hospitalized treatment for 581 days in total until August 17, 2015. The Defendant claimed the Plaintiff for the amount of the hospitalized treatment as above, and received KRW 66,684,863 from the Plaintiff as insurance money in total in accordance with the insurance contract of this case.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4, the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion 1 submitted medical records for 45 days from January 29, 2008 to August 17, 2015, and the pertinent number of days of hospitalization deemed necessary among the total number of days of hospitalization subject to the appraisal of medical records, as shown in attached Table 1, is 112 days, and the Defendant, who is the remaining period of hospitalization, is 343 days of hospital treatment only.

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