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(영문) 광주지방법원 2018.06.28 2018가합52476
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. On March 31, 2010, the Plaintiff entered into an insurance contract with the Defendant, the insured, and the beneficiary other than death as the Defendant (hereinafter “instant insurance contract”). The instant insurance contract includes security payment for the daily amount of hospitalization when the insured is hospitalized due to illness or injury.

B. From June 4, 2010 to June 18, 2010, the Defendant received hospital treatment for 384 days in total for 31 days with 384 days, as shown in attached Table 2, from around that time to August 22, 2016, as the Defendant was hospitalized in the Bnean Department as “the base and tension of the bale bones, tensions of the bale bones, eroke, sorroke, sorroke, eroke, eroke, eroke, eroke, kne-feroke, kne-feng, feroke, feroke, feroke, feroke, feroke, eroke, eroke, eroke, erode escape certificate, etc.

(hereinafter “instant insurance accident”). C.

Among the insurance contracts whose insured is the defendant, the details of security insurance contracts similar to those of the instant insurance contracts are as shown in attached Table 3.

The Plaintiff paid the Defendant totaling KRW 39,511,796 by September 2, 2016 as insurance money.

E. The amount of income reported by the Defendant to the tax office from 2008 to 2014 is as follows:

The income amount to which a year belongs (won) 2008 -151, 874 2010 - 3,380,081 - 2012-30, 312, 312, 563 2013 - 2014 -3, 380, 081 - 2012-30, 312, 563 - 2014 / [Grounds for Recognition], Gap evidence Nos. 1 through 8 (including the number of branches, the same shall apply hereafter in this subparagraph), Eul evidence Nos. 1 through 11; the results of the fact-finding conducted by this court on the C/C rehabilitation department, high-tech general hospital, D hospital, E-Korean hospital, Gpathn, Gne, and Bneology; the result of this court's order

2. The plaintiff's assertion

A. The Defendant’s primary assertion includes the instant insurance contract and its guarantee contents.

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