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(영문) 전주지방법원군산지원 2016.01.28 2015가단53082
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 26, 2015, the Plaintiff asserted that he applied for a payment order against the Defendant under the Jeonju District Court Decision 2015 tea146, Dasan District Court 2015.

A summary of the grounds for the claim asserted by the plaintiff is as follows.

On September 5, 2007, the Plaintiff concluded an insurance contract (securities No. B) with the Defendant and each of the insured (securities No. 3) with Korea-U.S. Free Distribution Insurance Co., Ltd. (securities No. C) and U.S. C. as the Defendant.

On September 29, 2007, the defendant began to be hospitalized from the Doe-type department under the diagnosis of the knee-ray and tension, 24 days, and then claimed insurance money against the plaintiff, who was hospitalized for 436 days in spine disease, snee-feas, snee-feas, dnee-feas, and kne-feas

The plaintiff paid the total amount of KRW 64,734,364 according to the content of the insurance contract.

The defendant purchased a large number of insurance contracts with other insurance companies than the plaintiff company, paid excessive insurance premiums against income, and received a large amount of insurance proceeds due to a large number of diseases.

Therefore, each insurance contract of the two cases concluded between the plaintiff and the defendant is null and void in accordance with Article 103 of the Civil Code, and the defendant is obligated to return the insurance proceeds acquired without legal grounds.

2. At the time of filing an application for payment order, the Plaintiff submitted only “the details of payment of and subscription for the insurance money” as accompanying documents, and the Defendant’s hospitalized treatment that the Plaintiff asserted against the cause of application was unnecessary, and the Defendant did not submit evidence as to the fact that the Defendant concluded multiple insurance contracts with another insurance company and received a large

On February 3, 2015, the Defendant filed an objection against the payment order. On February 12, 2015, the Plaintiff filed an application for the implementation of the conciliation with the Jeonju District Court 2015 Ma100103.

On April 9, 2015, mediation was not established at the mediation date.

On May 29, 2015, the Plaintiff paid the stamp necessary for the performance of the litigation and the service fee for three months.

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