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(영문) 대전지방법원천안지원 2015.05.12 2013가단108446

보험금

Text

1. The Defendant’s KRW 48,085,031 as well as the Plaintiff’s annual rate from July 31, 2014 to May 12, 2015, and the following.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence Nos. 1, 2, 4, and 5; Gap evidence Nos. 7-1 to 5; Gap evidence Nos. 9, 10; Eul evidence Nos. 2 to 4; Eul evidence Nos. 3 and 6; Eul evidence Nos. 3 and 6; the results of physical examination of the head of Chungcheongnam-Nam University Hospital; and the results of the fact inquiry of part of the tax accountant’s office No. 2.

On November 8, 2012, the Plaintiff entered into an automobile insurance contract with the Defendant using the insured vehicle as CA car (hereinafter “instant insurance contract”) and paid KRW 1,036,880 to the Defendant insurance premium.

(1) Insurance type: Hicar personal automobile insurance Zicar and the insured: the insurance period of the Plaintiff’s International Insurance: from November 8, 2012 to November 8, 2013; and the issues of the purchase of insurance: personal compensation I, personal compensation II, personal compensation, personal vehicle damage, automobile accident, non-life insurance, and emergency exit agreement.

B. Examining the part of the automobile injury insurance contract in the instant case, the amount of the insurance proceeds for death or disability is KRW 100,000,000, and the amount of the insurance proceeds is KRW 20,000,000. The amount of the insurance proceeds is KRW 20,000,000. If the Plaintiff suffers injury or disability due to the insured vehicle’s accident during the possession, use, and management of the insured vehicle, the maximum amount of the insurance proceeds that the Defendant is entitled to receive from the Defendant is KRW 120,00,000 (=10,000,000,000). The main contents of the relevant insurance terms are as follows.

(1) The injury insurance money shall consist of active damage, consolation money, business suspension damage, and other damages, and the subsequent disability insurance money shall consist of consolation money, loss profit amount, and family nursing cost.

In calculating the amount of profits accruing from the loss of the business income earner, the actual income amount that serves as the basis thereof shall be calculated in accordance with the formula of the "annual income amount-major expenses (annual income amount x standard rate x tax and public charges) x labor contribution ratio x investment ratio", but where the expenses are proved by relevant evidence under tax-related Acts, they shall be calculated.