logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.12.07 2015가단209220
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On June 26, 2009, the Plaintiff concluded each insurance contract with the Defendant listed in the separate sheet (hereinafter “instant insurance”). The Defendant as well as the Defendant, along with the interest country fire, marine insurance and Etha life insurance.

1. After entering into an insurance contract as described, part of the insurance contract was terminated.

From November 7, 2009 to April 24, 2015, the Defendant received insurance money of KRW 35,597,564 from the Plaintiff (hereinafter “instant insurance money”) and hospitalized 421 of that amount.

According to the result of the court's appraisal of medical records on the Korean Medical Association, 248 days during the above period of hospitalization are expressed that there is no need for hospitalized treatment, and the insurance amount paid during the pertinent period of hospitalization is total of 23,698,464 won.

(hereinafter “The excessive hospitalization insurance money of this case”). The details of the Defendant’s income reported to the tax authority shall be attached Form.

2. The description;

[Ground of recognition] Facts without dispute, Gap's evidence Nos. 1 through 38 (including the number of branch numbers), each order to submit financial transaction information, the response result of the order to submit each financial transaction information, the result of the request for the appraisal of medical records, the plaintiff's claim of the whole purport of the plaintiff's insurance contract of this case was concluded for the purpose of pretending the insurance accident by entering into multiple insurance contracts, or for the purpose of unlawfully acquiring the insurance money by exaggerationing the degree of the insurance accident, and is null and void in violation of good morals

(State Claim). Even if the insurance contract of this case is valid, it is hospitalized to a minor disease that does not require hospitalization, and receiving the insurance money from the Plaintiff is by fraud and deception, and thus, it is necessary to return the excessive hospitalization insurance money of this case.

(Preliminary Claim). The judgment is based on Nos. 1, 2008. No. 2,6.

arrow