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(영문) 서울중앙지방법원 2019.05.30 2018가단5082737
부당이득금
Text

1. The Defendant’s KRW 10,502,90 as well as the Plaintiff’s annual rate from April 23, 2014 to May 30, 2019, and the following.

Reasons

1. The fact of recognition that the Defendant purchased the Plaintiff’s C insurance (hereinafter “instant insurance”) on February 2, 199, and received KRW 154,043,521,000,00 from the Plaintiff based on the instant insurance, as the method of receiving hospital treatment for a longer period than the actual period of time when hospital treatment is required, based on the method of receiving hospital treatment for more than the actual period of time.

② On January 24, 2008, from January 24, 2008 to July 7, 2014, the Defendant was indicted on the charge that he/she purchased nine insurance products of seven insurance companies, including KRW 78210,00,000,000, and acquired KRW 274,004,119 on a total of 116 occasions, and was indicted on the charge that he/she was not guilty. However, on May 12, 2017, the Defendant was sentenced to one year and four months of imprisonment with labor, and the appellate court (the Gwangju District Court 2017No1893) found the Defendant guilty on July 3, 2017, the Defendant deposited KRW 50,000 in total for victims, such as deposit of KRW 18,068,270.

③ When calculating the amount of insurance proceeds equivalent to the number of hospitalization days exceeding the number of hospitalization days presented by the Health Insurance Review and Assessment Service in the process of investigating the above criminal case, it shall be 28,571,260 won in total as stated in

④ Meanwhile, at the appellate court of the case where Nonparty D Company filed a claim for the return of unjust enrichment of KRW 73,074,668 of the insurance money that it filed against the Defendant, the decision of recommending reconciliation was finalized on May 17, 2017, stating that the amount of KRW 7 million shall be paid in installments.

The Gwangju District Court Decision 2014Gahap11944, Gwangju High Court 2016Na14951 decided on October 14, 2019 in the case where E Company claimed damages equivalent to insurance money against Defendant (this Court Decision 2018Gadan516393, Oct. 14, 2019) and decided to pay damages for delay from July 14, 2014.

Grounds: Facts without dispute, Gap's evidence 1 to 4, Eul's evidence 1, 5, 7 and 9, and all pleadings.

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