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(영문) 창원지방법원 2017.10.26 2017가합50839
부당이득금
Text

1. The part concerning the claim for nullification of the insurance contract among the lawsuits in this case is dismissed.

2. The plaintiff's remaining claims are dismissed.

Reasons

1. Basic facts

A. 1) The Plaintiff entered into the instant insurance contract with C on September 14, 2009, as the insured and beneficiary (the beneficiary of insurance money other than the death insurance money).

hereinafter the same shall apply.

(C) An insurance contract in the separate sheet stating that C shall pay insurance proceeds for illness or injury (hereinafter “instant insurance contract”).

(2) On July 27, 2010, the contract owner of the instant insurance contract changed from C to C on June 13, 2016, and the beneficiary of the instant insurance contract was changed to C on June 13, 2012. The beneficiary of the instant insurance contract was changed to C again on June 13, 2016.

B. C’s hospitalized treatment and Plaintiff’s insurance payment 1) On June 4, 201, after the conclusion of the instant insurance contract, on the following day: (a) at D Hospital’s hospital received hospitalized treatment for 24 days from the time to May 13, 2016, for 71 times in total due to the following: (b) the Plaintiff received 92,604,499 won in total pursuant to the instant insurance contract from December 11, 2012 to May 17, 2016, for the following reasons: (c) the Plaintiff paid the insurance proceeds of KRW 92,604,99,00,00,000, to the end of May 17, 2016.

C. From January 20, 1998 to December 1, 2014, the Defendant and C entered into a total of 14 insurance contracts with the insurance companies including the Plaintiff as listed below with the Defendant or C, and accordingly received total of 502,271,383 won from the insurance companies including the Plaintiff.

C Confirmation is proposed on January 20, 1998, 1 E 1 E F. 80,000 C on the date of the insurance contract of the insurance company for the insurance contract of the insurance company - there is no cancellation 3 x I 40,910 C disease 50,000 C disease 10,000 on November 28, 2000 - cancellation 40,000 - 4 E on May 4, 2006.

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