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(영문) 부산고등법원(창원) 2020.10.29 2019나12773
부당이득금
Text

The plaintiff's appeal is dismissed.

upon the plaintiff's conjunctive claim added by this court:

A. The plaintiff and the defendant.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is as stated in the part of the judgment of the court of first instance, except for the addition of the judgment on the conjunctive claim added by the plaintiff at the trial of the court of first instance as stated in paragraph (2) of this Article, since the judgment of the court of first instance is as follows: (a) adding "the result of each request for the appraisal of medical records to theO hospital and P Hospital" to "the result of this court of first instance; (b) 2 through 7 1 as follows; and (c) 5 as follows; and (d) 2 through 7 1 as stated in the main sentence of Article 420 of the Civil Procedure Act.

4 It presented an appraisal opinion to the effect that both Q and R of the P Hospital E are sufficient for both the plaintiff's hospital and hospital treatment.

However, even if a part of the hospital treatment the Defendant received was excessive, it can only be considered as one of the circumstances following the conclusion of the insurance contract, and the number of insurance subscribers who are paid insurance money according to the number of days of hospitalization as the Defendant is more.

It is difficult to readily conclude that the insurance contract itself constitutes an act contrary to the social order, on the basis of such ex post facto circumstances, on the grounds that not only is effective and concentrated treatment but also provides hospitalized treatment to be provided with insurance proceeds.

2. Judgment on the plaintiff's conjunctive claim

A. The summary of the Plaintiff’s assertion on the claim for confirmation of termination of the instant insurance contract is that the Plaintiff, while entering into the instant insurance contract with the Plaintiff, notified the Plaintiff of false facts, and received insurance money unfairly from the Plaintiff by means of receiving unnecessary hospitalized treatment after entering into the instant insurance contract, and thus, the Plaintiff’s assertion is that the instant insurance contract is terminated. The Plaintiff’s assertion is that the Defendant’s above act constitutes the Defendant’s act.

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