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(영문) 대전지방법원 2015.10.06 2014가단28036
부당이득금반환
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1. The Defendants jointly share KRW 71,270,80 with respect to the Plaintiff and 5% per annum from November 2, 2013 to April 22, 2015.

Reasons

1. Facts of recognition;

A. The Defendants intentionally injured Defendant B’s face, etc. and conspired to obtain insurance proceeds by means of claiming insurance proceeds based on an insurance contract concluded with the Plaintiff after disguiseding that they were insured accidents.

The Defendants, around February 18, 2013, around Chungcheongnam-si, Chungcheongnam-si, filed a claim for insurance proceeds with the purport that, even though the Defendants knife Defendant A’s knife knife and knife Defendant B’s knife with knife with knife, Defendant A’s knife with knife with knife and knife, the Defendant paid the said Defendant’s hand and knife with knife with knife as if the knife was cut off from mountain, the Defendant knifeed the Defendant’s knife in

The Defendants deceptioned the Plaintiff as above, and acquired KRW 69,800,000 in total from the Plaintiff for the purpose of insurance money, such as expenses for diagnosis, etc. on May 14, 2013 and KRW 67,500,000 on November 1, 2013. The Plaintiff spent KRW 1,470,800 on November 1, 2013 in relation to the Defendants’ claim for the said insurance money.

B. The Defendants are above A.

After being prosecuted as the Seoul Central District Court case No. 2014Kadan1995, 2237, 2875-1 (Joint)-1 (Separation), Defendant A was convicted of fraud, etc., and the above judgment became final and conclusive as it is, after being sentenced to imprisonment for 4 years and 2 years.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. Indication of Claim: Defendant A, in collusion with Defendant B, deceiving the Plaintiff on May 14, 2013 and November 1, 2013, committed a tort in which the Plaintiff acquired total of KRW 69,800,000 from the Plaintiff as insurance proceeds, and had the Plaintiff spend KRW 1,470,80,000 for damage assessment costs, thereby causing damage to the amount claimed by the Plaintiff.

Therefore, Defendant A is jointly and severally liable to compensate for the damages incurred by the Plaintiff.

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