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(영문) 창원지방법원 2017.06.15 2016나58182
부당이득금
Text

1. Revocation of the first instance judgment.

2. Attached Form 1 insurance contract between the Plaintiff and the Defendant shall be indicated.

Reasons

1. Basic facts

A. On February 25, 2010, the Defendant entered into an insurance contract indicated in attached Table 1 with the insured’s husband B (hereinafter “instant insurance contract”) with the Plaintiff, and the beneficiary was changed to the Defendant on October 1, 2013.

B. B, during the period from September 3, 2010 to August 18, 2014, which was after the conclusion of the instant insurance contract, was hospitalized for 33 days in total, 673 days. The Defendant received insurance proceeds from the Plaintiff in total amount of KRW 48,940,973, as shown in attached Table 2.

C. Before and after the conclusion of the instant insurance contract, the Defendant concluded seven guarantee insurance contracts with six insurance companies including the Plaintiff from April 30, 2009 to August 11, 2010, and received insurance proceeds from them. The details are as follows.

Serial No. 1 Korean non-dividend 54,000 on April 30, 2009 A, 10,138,868 2 Korean non-dividend social life insurance B, No. 49,230 on May 7, 2009, No. 40, 207, 40, 200, 40, 207, 40, 207, 207, 207, 207, 207, 207, 207, 207, 30, B10, 205, 207, 40, 207, 207, 207, 207, 207, B10, 207, 30, 207, 205, 25, 207, 205, 207, 25, 201

2. The parties' assertion

A. The plaintiff's assertion is a large number of defendants.

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