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(영문) 부산지방법원 서부지원 2018.04.06 2017가단110067
부당이득금
Text

1. It is confirmed that an insurance contract entered in Appendix 1 entered into between the Plaintiff and the Defendant is null and void.

2. The defendant.

Reasons

1. Basic facts

A. On May 9, 2008, the Plaintiff entered into an insurance contract with the Defendant as the insured (hereinafter “instant insurance contract”).

B. On December 18, 201, the Defendant paid the Plaintiff’s insurance proceeds and the occurrence of an insurance accident and the Plaintiff’s insurance proceeds were hospitalized at B Hospital for 34 days at the left-hand slotitis, the left-hand chain, and half-yearly streke in the left-hand chain, and was hospitalized at B Hospital for 34 days, as indicated in the list 2 attached hereto, including the details of hospitalization and the payment of insurance proceeds from December 18, 201 to June 27, 2015, and was hospitalized for 60,530,000 won in total on 1,288 occasions, and was paid by the Plaintiff according to the instant insurance contract.

C. (1) On October 8, 2008, the Defendant purchased an insurance contract for the day of hospitalization, etc., which is an insurance product that is an insurance product for the payment of the day of hospitalization, etc. between the Hanman Damage Insurance and the Hanman Damage Insurance, and was hospitalized in C Hospital on April 9, 2012 and then was hospitalized in C Hospital for 16 days on November 10, 2014 around 24 times in total from around 946 up to 48 days in total, and received insurance money of KRW 50,972,056 in total from Hanman Damage Insurance in accordance with the said insurance contract (the aforementioned part of them is the same).

It is received in duplicate as it is identical to the insurance accident of the insurance money received from the plaintiff, such as paragraph

(2) In order to benefit from medical expenses insurance, etc., the Defendant subscribed to Samsung Life Insurance on February 3, 200, “Undividend Women’s Health Insurance” on November 13, 2006, and “ non-distribution Type 2 insurance” on November 13, 2006, and submitted relevant documents to the said insurance company as if there is no need for hospital treatment even if the need for hospital treatment exists, and received insurance proceeds totaling KRW 71,036,423 over 26 times from February 25, 2008 to April 23, 2015.

. against the defendant.

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