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(영문) 서울남부지방법원 2018.11.09 2017가단203477
부당이득금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is an insurer running various non-life insurance business.

B. On February 19, 2009, the Plaintiff entered into a DNA contract (hereinafter “instant insurance contract”) with the Defendant as the Defendant’s mother, and the beneficiary as the Defendant with the following content:

1) Insurance period on February 19, 2009 - the major security items of the monthly insurance premium of 97,200, and the insurance premium payment period of 25 years): - the amount subscribed under a basic contract (general injury caused by death or injury), 100,000,000 - General injury medical expenses of 5 years from February 19, 2014 to February 19, 2019; 5,000,000 won: the amount of medical room expenses spent within 180 days from the date of the accident to the date of the application of the general injury (within the limit of 100,000 won; 10,000,000 won per day of hospitalization; 20,000,000 won per day of hospitalization; 10,000,000 won per day of hospitalization; 10,000,000 won per day of hospitalization; 10,000,000 won per day of hospitalization;

C. Between April 1, 2012 and May 25, 2016, C received hospitalized treatment for a total of 313 days as follows. The Defendant paid KRW 29,421,927 to the Plaintiff the sum of the insurance proceeds (such as expenses for hospitalization of a disease, expenses for hospitalization of a disease, and expenses for hospitalization of a disease).

The total number of insurance proceeds (won) for the total number of days of hospitalization on the date of hospitalization of the medical institution under the name of medical institution (hereinafter “the date of hospitalization”) shall be the total number of insurance proceeds (won) 1 E Hospital Uniforms of the E Hospital on April 01, 201, 201.

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