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(영문) 창원지방법원 2018.08.24 2016가단119642
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 24, 2010, the Defendant concluded an insurance contract as indicated in the separate sheet No. 1 Insurance (hereinafter “instant insurance contract”) stating that the content guaranteeing KRW 30,000 per day when the Defendant was injured or hospitalized as the insured.

B. From March 7, 2011 to June 16, 2016, the Defendant hospitalized 343 days over 34 days as indicated in the attached Table 2 insurance proceeds. For this reason, the Defendant received KRW 41,313,863 in total, including hospital daily allowances, surgery expenses, nursing expenses, etc. upon filing a claim with the Plaintiff for insurance proceeds under the instant insurance contract.

C. The insurance contract that the Defendant subscribed before and after the purchase of the instant insurance contract is indicated in the attached Form 3.

[Ground of recognition] In the absence of dispute, each statement of Gap 1 through 7 evidence, Eul 1 through 13, 15, 17, and 18 evidence (including partial numbers; hereinafter the same shall apply) in this court, C Co., Ltd., D Co., Ltd., E Co., Ltd., E Co., Ltd., F Co., Ltd., G Co., Ltd., G Co., Ltd., H Co., Ltd., I Co., Ltd., J Co. and K Co., Ltd.

2. Assertion and determination

A. The Defendant asserted that the Plaintiff purchased a number of insurance policies with similar security, and repeated long-term hospitalized treatment, and concluded the instant insurance contract for the purpose of unlawfully acquiring high-amount insurance proceeds from the insurance companies including the Plaintiff.

The defendant received high-amount insurance money based on the day of hospitalization for a long time after repeatedly receiving hospital treatment due to symptoms that can be managed or treated even for the only purpose of outpatient treatment, such as chatch tensions, spagrosiss, spagrosiss, chatitiss, and chatitiss

In addition, the defendant did not notify the plaintiff at the time of entering into the instant insurance contract that the security was subscribed to another insurance contract with similar security, and there was no financial ability to maintain multiple insurance contracts. Therefore, the defendant is insured at the time of entering into the instant insurance contract.

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