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(영문) 대구지방법원 2018.11.01 2018나306650

보험금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On February 23, 2015, the Plaintiff entered into a “OK insurance contract with the Defendant for non-dividend Samsung Fire Insurance Co., Ltd.” (hereinafter “instant insurance contract”) with the following content as the insured.

[Korean Insurance Period of Undividend Samsung Fire Costs Insurance Co., Ltd. (OK Insurance): The insurance premium of KRW 30,00 (monthly payment) from February 23, 2015 to February 23, 2025: 30,000: the coverage of the insurance premium of KRW 20,000: the subscription amount of KRW 20,00: the subscription amount of damages for the Civil Procedure Costs: the litigation case prescribed by the terms and conditions has occurred during the insurance period, and the lawsuit has been filed with a court of the Republic of Korea when the lawsuit is terminated due to the judgment, conciliation in the lawsuit, or settlement in the lawsuit, within the limit of the attorney’s fees prescribed by the "Rules on the Calculation of Litigation Costs by Attorneys' Fees" (Provided, That the limit of KRW 15,500,000,000) of the attorney’s fees actually borne within the limit of KRW 100,000,000,000 for each year.

B. On April 8, 2015, B filed a lawsuit against the Plaintiff seeking payment of KRW 108,410,800 in total, including the settlement amount, unpaid allowances, and agreed amount under the partnership agreement between B and the Plaintiff. The Plaintiff appointed an attorney-at-law as a legal representative and responded to the said lawsuit. On February 2, 2017, the judgment of the first instance court that partially accepted B’s claim was rendered.

(Seoul District Court Decision 2015Kadan107974, hereinafter “instant civil lawsuit”). The Plaintiff paid 3,300,000 won (including value-added tax) to the attorney-at-law in the said lawsuit as attorney’s fees.

C. In the instant civil lawsuit, the Plaintiff’s obligation to pay KRW 2,207,624 to the Plaintiff’s payment of delivery allowances of KRW 2,118,00, and other unpaid allowances until July 7, 2014, and KRW 566,66, and KRW 2,207,624 paid by B until August 9, 2014, and the Plaintiff’s chickens and ducks were recognized.

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