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(영문) 광주지방법원 2016.12.16 2015가단510424
부당이득금
Text

1. The Defendant’s KRW 69,596,463 as well as the Plaintiff’s KRW 20% per annum from November 13, 2014 to September 30, 2015.

Reasons

1. Basic facts

A. On June 18, 2009, on the part of the Defendant as the insured, the Defendant concluded an insurance contract with the content that subscribed to the Non-Distribution Han Plus Insurance 0904 (Purchase Design Number: B) (hereinafter “instant insurance contract”).

The instant insurance contract is a product that guarantees the payment of 16 major disease hospitalization expenses, general injury hospitalization expenses, disease hospitalization expenses, etc.

B. From July 2009 to September 2014, the Defendant received hospitalized treatment for a total of 886 days from July 2009 to September 2014, and accordingly received insurance money of KRW 69,596,463 from the Plaintiff.

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C. Meanwhile, on November 15, 1999, the Defendant concluded a total of five insurance contracts including the instant insurance contracts from around 2006 to around 2009, after entering into an insurance contract with the Korea Life Insurance Co., Ltd. and the Korea Life Insurance Co., Ltd. for non-payment daily (the monthly premium of KRW 63,700). The Defendant concluded a total of five insurance contracts including the instant insurance contracts, and the sum of monthly insurance premiums under each insurance contract is KRW 36,250.

(3) On June 11, 2009, the Defendant’s life insurance contract was concluded on June 8, 2009, and the HGH5 health insurance contract was concluded on August 11, 2008, and was concluded on August 11, 2008, and was not included in the current status of termination of the contract). The Defendant’s life insurance contract was 2ING (T) daily hospitalization worth KRW 25,760,000 per 25,760 on June 11, 2009; KRW 64,80,000 per 64,80,000 per 60,000 per 64,80,000 per 60,000 per 64,000,000 per 60,000 per 30,000,000 per 50,0000 per 50,000,0000 won per 30,00 364,36.464,294,294,294.6.

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