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(영문) 광주지방법원 2018.01.18 2017가합55133
보험에관한 소송
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On November 26, 2009, the Plaintiff entered into an insurance contract with Defendant A, the insured, and the beneficiaries other than death as Defendant B (hereinafter “instant insurance contract”). The instant insurance contract includes collateral for the payment of the daily amount of hospitalization when the insured is hospitalized due to illness or injury.

B. Defendant B received hospital treatment for three days from December 28, 2011 to December 30, 201, as indicated in attached Table 2 from around that time, for 42 days in total due to disease, such as memory loss, knee-free, kne-free, kne-free, erode, kne-free, erode, erode, and tension, erode, and brode, etc., as indicated in attached Table 2 from around that time to January 25, 2017.

(hereinafter “instant insurance accident”). C.

Among the insurance contracts that Defendant B is the insured, the details of the guaranteed insurance contracts that are similar to the details of the instant insurance contracts are as shown in attached Table 3.

Before the conclusion of the instant insurance contract, cancer insurance contracts, pension insurance contracts, automobile insurance contracts, dental insurance, etc. are excluded, where the content and nature of the instant insurance contract are similar.

The amount paid by the Plaintiff to Defendant B as insurance money is 40,457,830, and the amount confirmed as insurance amount paid by the insurance companies listed in the attached Table 3, including the Plaintiff, to Defendant B due to the instant insurance accident, etc. is 81,269,830 won.

E. Defendant B has not reported the business income or wage and salary income from 2008 to 2010, and there was no fact that Defendant B paid property tax from 2008 to 2014 from 2010 to 2010 in addition to those reported respectively by the tax authority on the income in 2011 and 50,425 won in 201.

Meanwhile, Defendant B, on October 26, 201, acquired the ownership of 1,573 square meters and 1,835 square meters in Hagu-gun, Chungcheongnam-gun, Chungcheongnam-do on October 26, 201, and paid the property tax arising from the ownership of each of the above lands from around that time.

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