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(영문) 인천지방법원 2018.02.08 2015가합52691
부당이득금
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. On November 12, 2007, the Defendant entered into an insurance contract with the Green Damage Insurance Co., Ltd. as indicated in the attached Table 1 that the Defendant as the insured (hereinafter “instant insurance contract”).

B. On May 3, 2013, the Plaintiff acquired the status and business of the said company including the instant insurance contract from the Green Damage Insurance Co., Ltd. as a corporation established for the purpose of insurance business.

(hereinafter the above corporation's transfer act also states the plaintiff's act.

From October 13, 2008 to January 31, 2015, the Defendant received hospitalization, outpatient treatment, surgery, etc. at the B oriental medical hospital, etc. (hereinafter “instant insurance accident”), on the grounds of various accidents and diseases (hereinafter “instant insurance accident”), and the Plaintiff paid the Defendant totaling KRW 177,757,849, including hospital fees, surgery fees, etc., as insurance proceeds in relation to the instant insurance accident in accordance with the instant insurance contract.

The details are as shown in the attached Table 2. D.

Meanwhile, from around 201 to 2014, the Defendant stated the Plaintiff and other insurance companies, including the instant insurance contract, as well as the total of 16 cases, as “19 cases” in the preparatory brief dated November 3, 2015, but appears to be a clerical error in the “16 cases.”

Upon entering into an insurance contract, 16,650,419 won (=194,408,268 won - 17,757,849 won) was paid as insurance money from other insurers.

The details shall be as shown in the attached Table 3.

[Ground of recognition] The absence of dispute, Gap evidence Nos. 2-4 (including the number of pages), each entry of this court, the Korea Post, the Korea Commercial and Insurance Co., Ltd. (hereinafter referred to as the "Co., Ltd."), LIG damage insurance, Dong Fire and Marine Insurance, AIG damage insurance, the Federation of Community Credit Cooperatives, Hyundai Marine Fire and Marine Insurance, Hyundai Marine Fire and Marine Insurance, interesting country Fire and Marine Insurance, Future Deposit Life and Marine Insurance, as a result of each order to submit financial transaction information on the marine insurance, the purport of the entire pleadings

2. The parties' assertion

A. The plaintiff 1's primary assertion: The defendant is a hospitalization benefit.

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