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(영문) 인천지방법원 2017.09.07 2016가단256790
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 33,179,959 and the interest rate of KRW 15% per annum from September 28, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 26, 2006, the Plaintiff entered into an insurance contract with the Defendant (B) as one of non-dividend carnation insurance contracts (hereinafter “instant insurance contract”) with the scope of KRW 20,000 per day of temporary hospitalization of general injury under security items, KRW 30,00 per day of hospitalization of disease hospitalization expenses, KRW 30,00 per day of temporary hospitalization of disease hospitalization expenses, and KRW 30,000 per day of hospitalization of disease hospitalization medical expenses, and KRW 30,000,000 to the extent of the amount to be paid to the principal under the National Health Insurance Act.

B. C was hospitalized for 418 days from September 27, 201 to March 24, 2016, as stated in the “Details of Payment of the Insurance Money” in the attached Form, as well as was hospitalized for 8 days at the Gacheon-ro Hospital on the ground of an insured incident, such as absence of a Gawon (hereinafter “the instant insurance accident”).

(A) The Plaintiff paid KRW 35,514,292 according to the instant insurance contract from October 13, 201 to April 24, 2016. Insurance money paid to the Defendant is KRW 33,279,959 ( KRW 35,514,292- KRW 292,4,3333, which was paid to the Defendant on April 17, 2013, before changing the beneficiary from C to the Defendant.

C. The Defendant concluded the following insurance contracts with C as the insured before and after the conclusion of the instant insurance contract, and received the following insurance proceeds from the insurance companies, including the Plaintiff, in accordance with the said insurance contract:

Serial From November 22, 2005, 17,450 - 2Rab Life Insurance Co., Ltd. 2, 2005, Nov. 25, 2005, 19,310 disaster No. 20,2000 disease No. 30,120,000 30 on Nov. 176, 2006,7200 disease No. 20,000 disease No. 30,3030,279,9594 Mad Life Insurance (Modive Life Insurance) No. 29050, Mar. 29, 2006; 176,720,2000 disease No. 16530, 008; 16.308,008,005 disease No. 1650, Jun. 1, 2008

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