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(영문) 광주지방법원 2016.04.14 2015가합54594
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant entered into an insurance contract with the Plaintiff as the insured, and entered into an insurance contract with the Plaintiff on January 19, 2009, listed in attached Form 1, and attached Form 2 on September 7, 2009, respectively.

(hereinafter the above two insurance contracts are referred to as "each of the instant insurance contracts"

After concluding each of the instant insurance contracts, the Defendant received hospitalized treatment for 15 days from December 16, 2009 to December 30, 2009, as well as for 27 days from December 16, 2009 to October 1, 2014, for which the Defendant received hospitalized treatment for 446 days in total, from December 16, 2009 to October 1, 2014.

C. From 2006 to 2012, the Defendant entered into an insurance contract with the insurance company whose insured status is the Defendant and its coverage content and nature similar to each of the instant insurance contracts as indicated in the following table. Accordingly, the Defendant received insurance proceeds of KRW 137,00,09,980, including the insurance proceeds of the insurance contract of January 19, 2009 (i.e., insurance proceeds of KRW 58,103,980, Sept. 7, 2009) from the insurance company, as well as KRW 137,573,980, supra.

The entry of an insurance company’s “stock company” under the Korean Commercial Life Insurance Act, which is the product name of the insurance company, is entirely omitted.

On August 31, 2006, 200 Won 170,40,21,600 Won 21,60,000 for non-dividend 19, Jan. 19, 2009, Plaintiff 3, 1901 89,350,350 Won 58,103,980 Han Gabro Insurance,0908 74,274 14,470,000 Won 4 Dongyang Life Insurance, 4,27, 209, 32,80,000 Won 2,80,000 Won 5,00 Won 1,50,00 Won 1,50,00 won 2,00 won 8,00 won 15,00 won 15,020,00 Won 5,208,16,75,000 Won 1,206,75,200

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