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(영문) 광주지방법원 2018.03.07 2015가단506609
부당이득금
Text

1. The Defendant’s KRW 12,872,924 with respect to the Plaintiff and KRW 5% per annum from December 16, 2014 to March 7, 2018.

Reasons

1. Basic facts

A. The plaintiff is an insurance company that runs insurance business, such as various non-life insurance and accident insurance, and the defendantNa.

is a contractor of an insurance contract described in the subsection.

B. (1) On December 11, 2009, the Defendant subscribed to the D Insurance covering the period of hospitalization per disease, etc. from December 11, 2009 to December 11, 2058 with the Defendant as the contractor, the insured, and the beneficiary of the Non-Death Insurance as the beneficiary of the Non-Death Insurance, and the C Insurance covering the period of hospitalization per disease, etc. from December 11, 2009 to December 15, 2009, and the Defendant as the contractor, the insured, and the beneficiary of the Non-Death Insurance from December 15, 2009 to December 15, 2058 (hereinafter “each of the instant insurance”).

(2) Major security matters of each of the instant insurance contracts (A) are as follows: ① In the event of death due to general injury, not only the basic contract for a general injury, the amount of insurance coverage, etc. to be paid according to the payment rate, but also the basic contract for disability after the death of the general injury, which provides for the amount of insurance coverage, etc.; ② in the event of hospitalization to a hospital due to an injury accident, the daily amount of insurance coverage to be paid 30,000 won per day of hospitalization; ③ in the event of hospitalization to a hospital and treatment for a disease, the daily amount of insurance coverage to be paid for the disease per day of hospitalization.

(B) Major contract security matters of the D Insurance are as follows: ① the amount of subscription in case of death due to general injury; ② the amount of subscription in case of disability after death, etc.; ② the amount of subscription in accordance with the payment rate; ② the daily amount of subscription in case of being hospitalized in a hospital due to disease; ③ the daily amount of admission in case of being hospitalized in the hospital; ③ the amount of 16th hospitalization days, which are paid KRW 30,000 per day after the diagnosis and confirmation of the 16th hospitalization disease; ④ 50% of the amount of subscription in case of being hospitalized for more than 31 days; and ④ 50% of the amount of subscription in case of being hospitalized for more than 61 days.

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