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(영문) 부산고등법원(창원) 2015.04.30 2014나2719
채무부존재확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On June 21, 2005, the Defendant concluded an insurance contract between the Plaintiff and the Defendant as the insured on the attached Table 1 (hereinafter “instant insurance contract”).

B. From April 2006 to March 2014, the Defendant received hospitalized treatment for 338 days in total as shown in the attached Table 2, and received KRW 6,760,000 from the Plaintiff.

Income (income amount) from the type of income in the year of accrual (original) for the business 2005 18,133,096 3,880,482,348,3615,772,063 207 business 27,376,775,858,629,629, 31,348, 348, 727, 727, 753209 business 333,888,608,606,647,814 2010 work 23,918,8367,435,885 201 business 9,472,259,2786 business 2007, 1376,645,647,675,647,675,205,207

C. The Defendant’s base income from 2005 to 2012 is as follows:

Similar insurance contracts that the Defendant subscribed to as the insured before and after the conclusion of the instant insurance contract are 13 cases as listed below, and the amount that the Defendant paid as the monthly insurance premium is 582,204 through 642,204 won.

Han 1 Insurance Co., Ltd. (FF 1.29, 45,480 on Nov. 29, 2001, Samsung Fire (F.1) Samsung 80, 200 Insurance Co., Ltd. (F. 45,480 on Jun. 4, 2002, 31, 450 on Jul. 62, 2004, 98, 270, 196, 196, 107, 190, 207, 190, 190, 207, 207, 190, 207, 307, 190, 207, 307, 190, 207, 307, 19, 307, 19, 205, 20, 30,07, 195, 30,07, 30,5,07,

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