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(영문) 서울중앙지방법원 2016.10.12 2016가단5076363
손해배상(기)
Text

1. Defendants A and B shall jointly and severally serve as the Plaintiff KRW 57,049,250, and as to the amount, from August 6, 2010 to June 17, 2016.

Reasons

Facts of recognition

On September 11, 1998, the Life and Women's Health Insurance Act, the Phonyna Health Insurance on June 5, 2001, and the New Vietnam Insurance on September 3, 2001, respectively, entered into a contract with Defendant B on September 3, 2001 with both the policyholder, the insured, and the beneficiary.

On March 22, 2006, the policy holder and the beneficiary of each insurance of this case were changed to Defendant C (D) who was 18 years of age at the time as both of Defendant B’s husband and beneficiary.

around August 2009, Defendant A, Defendant B, and E conspired to obtain insurance proceeds through each of the instant insurance contracts where Defendant B is the insured.

Accordingly, Defendant A, who was aware of brain cerebrovascular disease at the time, taken brain MI photographs as Defendant B, using them, and Defendant B hospitalized the hospital as indicated in the following table, and filed a claim for insurance proceeds based on each insurance of this case under the name of medical care benefits, etc. with the Plaintiff.

On December 1, 2009, the Plaintiff deposited the total amount of KRW 57,049,250 (hereinafter “the instant insurance proceeds”) in an account opened in the Bupyeong-nam Saemaul Savings Depository in the name of the Defendant C on April 6, 2010, May 31, 2010, and August 5, 2010.

F G H H H H H H H H H H H H H H G Defendant A and Defendant B were indicted for fraud. Defendant A was sentenced to imprisonment with prison labor for one year and two years, and Defendant B was sentenced to imprisonment with prison labor for not more than one year.

(In Incheon District Court Decision 2011No172 Decided May 12, 2011). The judgment became final and conclusive through appeal (In Incheon District Court Decision 2011No1617).

[Based on the fact that there is no dispute, Gap evidence Nos. 1 through 11 (including additional numbers), and the result of this court's order to submit financial transaction information to the Bupyeong-nam Saemaul Savings Depository, according to the fact that the judgment of the whole purport of the pleadings is recognized as to the claims against defendant A and defendant B, the defendant A and defendant B shall be jointly and severally liable to the plaintiff as joint tortfeasor for damages.

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