logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.10.17 2015가단504542
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 May 25, 2006, the Defendant, as the insured, entered into a non-dividend IG well-being insurance contract (hereinafter “instant insurance contract”) with the Plaintiff as the insured, and entered into a non-dividend IG well-being insurance contract (hereinafter “instant insurance contract”) as indicated in attached Table 1 on June 13, 2006, respectively.

("each of the above insurance contracts"). (b) The above insurance contracts are "each of the instant insurance contracts".

From July 24, 2006 to August 1, 2006, the Defendant received hospitalized treatment for the total period of 936 days from January 12, 2015, including being hospitalized at B Hospital as acute dypitis, and received KRW 152,535,272 in total from the Plaintiff according to each insurance contract of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The term “inpatient” that is the subject of the Plaintiff’s insurance contract refers to “where it is difficult to treat at home, etc.,” i.e., “where hospitalization is required for the purpose of treating injury or disease,” and the Defendant received total of KRW 49,210,00 from the Plaintiff as insurance money based on each insurance contract of this case without requiring hospitalization. Thus, this constitutes unjust enrichment and thus ought to be returned to the Plaintiff. 2) From January 29, 2015 to February 17, 2015, the Defendant received high-tension mixed clurology from the insurance contract of this case from Sep. 22, 2015 to Oct. 12, 2015 to Oct. 10, 2015, with respect to the insurance contract of this case, which was accompanied by low-tension urine urine urine urology, multiurine urine urine urine cinology, and 16.

arrow