logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.10.18 2016가단5132966
부당이득금
Text

1. The Defendant’s KRW 75,595,267 as well as the Plaintiff’s annual rate from April 1, 201 to May 24, 2017.

Reasons

Basic Facts

On March 8, 2006, the Defendant entered into an insurance contract with the insured and beneficiary, which was diagnosed as a specific disease, operated, or hospitalized by the Defendant, with the Defendant, and entered into an insurance contract with “non-dividend flus II Health Insurance No. 1” with the content that the Defendant received the prescribed insurance money.

(hereinafter “instant insurance contract.” According to the terms and conditions of the instant insurance contract, a disease occurs during the period of insurance and the insured continues to be hospitalized for at least four days for the purpose of direct treatment, the insured shall be paid KRW 30,000 per day exceeding three days and KRW 30,000 per day.

The Defendant received insurance proceeds of KRW 77,515,267 on September 21, 2006, including the receipt of KRW 1,805,203 on September 21, 2006, on the ground that the Defendant was hospitalized on July 27, 2006 due to disguised salt, etc., as indicated in the attached document stating the payment of insurance proceeds, on 34 occasions until March 31, 201.

However, most of these hospitalizations are false or excessive hospitalization for the purpose of receiving the insurance money, even though there is no need to receive the hospitalization, and the fact that the actual necessity of hospitalization is recognized is the same as the description of the number of days in the calculation of the insurance money in the attached Form, and the insurance money equivalent to KRW 75,595,267, which deducts the insurance money for the appropriate hospitalization period

On April 9, 2014, the defendant was prosecuted for committing a crime that he/she acquired insurance money equivalent to the period of hospitalization by receiving false or excessive hospitalization after purchasing four insurance contracts including the plaintiff, and sentenced to imprisonment with prison labor for a year and six months in the Gwangju District Court Decision 2014No18 Decided April 9, 201, and this judgment became final and conclusive as it is.

[Grounds for recognition] There is no dispute, and according to the facts of recognition as above, Gap's evidence Nos. 1 through 7, and the judgment of the court below as to the ground for claim as to the whole, the period of hospitalization is appropriate out of the insurance money paid by the plaintiff to the plaintiff 7,515,267.

arrow