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(영문) 광주지방법원 목포지원 2018.01.18 2017가합11860
부당이득금
Text

1. It is confirmed that each insurance contract entered into between the Plaintiff and the Defendant B is null and void.

2. The plaintiff, .

Reasons

1. Basic facts

A. On August 20, 2009, Defendant B entered into an insurance contract indicated in attached Table 1(1) with the Plaintiff as the beneficiary of insurance money, Defendant A as the insured, and where the insured was hospitalized into a hospital due to injury or disease, Defendant B entered into an insurance contract with the Plaintiff as indicated in attached Table 1(1) (hereinafter “instant insurance contract”).

B. In addition, on September 28, 2009, Defendant B entered into an insurance contract with the Plaintiff as the beneficiary of insurance money, Defendant A as the insured, and entered into an insurance contract in the attached Table 1 List 2 with the content that the Plaintiff would receive hospitalization daily allowances, etc. (hereinafter “instant insurance contract”) in the event that the insured was hospitalized due to injury or disease. The instant insurance contract Nos. 1 and 2 referred to as “each of the instant insurance contracts.”

C. From January 20, 2010 to February 2, 2010, Defendant A received hospitalization for 252 days in total, from that time, from that time, on 20 days as shown in the attached Table 2, for 14 days, on the ground that he/she was hospitalized in C Hospital on the ground of salt, tension, and tension with the bones of wood, and that he/she was hospitalized in C Hospital on February 4, 2016.

Since then, the Defendants received insurance money from the Plaintiff, and according to each insurance contract of this case, Defendant B was paid KRW 26,261,254, and Defendant A was paid KRW 4,043,870.

On the other hand, before and after the conclusion of each of the instant insurance contracts, the insurance contracts that the Defendants concluded with the insurance companies including the Plaintiff and the Defendant A as the insured, and the insurance premiums, hospitalization allowances, and the details of the insurance proceeds paid accordingly are as follows.

The table: The insurance contract executed by Defendant A as the insured on June 22, 2001, the monthly insurance premium (cost) daily amount of hospitalization daily (cost) insurance in the name of the insurance company under the name of the insurance company (cost), which is the insurance contract of the insured company, shall be 35,000 on June 22, 2001 (1490113920) 30,000 on June 22, 2007, which was terminated on June 22, 2001 (1610180618061) 35,000 on June 30, 2000 and August 20, 2009.

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