1. The Defendant’s KRW 35,207,910 for the Plaintiff and KRW 5% per annum from July 15, 2010 to November 27, 2014.

1. The Defendant, on November 22, 201, was sentenced two years of suspension of the execution of imprisonment with prison labor for eight months at the Gwangju District Court wooden Branch on August 22, 201, and the judgment became final and conclusive around that time. The Defendant, on December 22, 201, sentenced the Plaintiff to two years of suspension of the execution of eight months of imprisonment with prison labor at the Gwangju District Court wooden Branch on August 22, 2011, stating that “The fact is not required for hospital treatment, or sufficient for a short period of hospital treatment, but was hospitalized and hospitalized for an excessive period of time by stating that it would be possible for the Plaintiff to appeal and be hospitalized.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, and substantial facts to this court

2. Determination as to the cause of claim

A. The gist of the plaintiff's assertion is that the defendant acquired insurance money from the plaintiff due to the above insurance fraud crime, and the defendant primarily claims the return of unjust enrichment to the plaintiff, and the insurance money received as compensation for tort and damages for delay.

B. According to the above facts as to the primary cause of claim, the Defendant had the obligation to pay the Plaintiff damages for delay calculated at the rate of 20% per annum under the Civil Act from July 5, 2010 to November 27, 2014, the delivery date of the insurance proceeds received as return of unjust enrichment, and from the date of delivery of the insurance proceeds, from July 5, 2010 to the date of delivery of the complaint, to November 27, 2014.

3. Thus, as long as the plaintiff's primary claim is justified, the plaintiff's primary claim is accepted, and as long as it is based on the main claim, the conjunctive claim is based on the premise of dismissal.