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(영문) 서울고등법원 2017.09.22 2016나2085195
보험에관한 소송
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Basic Facts

On March 23, 2009, the Defendant concluded the instant insurance contract between the Plaintiff and the policyholder and the insured.

In accordance with the instant insurance contract, the expenses for hospitalization and hospitalization for diseases guaranteed by the Plaintiff to the Defendant were KRW 50,000, respectively. On May 23, 2014, upon the Defendant’s request, the said coverage was changed to KRW 10,000, and KRW 40,000, respectively.

The Defendant received insurance money from the Defendant, as indicated in the attached Form 2, was hospitalized in a hospital for 751 days in total from January 2, 2010 to April 25, 2015, and received insurance money totaling KRW 70,676,134 from the Plaintiff according to the instant insurance contract.

The defendant, including the details of the conclusion of the insurance contract of this case, entered into 12 insurance contracts with the insured as shown in the attached Table 3 between January 5, 2007 and April 1, 2014, including the insurance contract of this case.

The Defendant received insurance proceeds of KRW 76,792,424 from the Korea Life Insurance Co., Ltd. under each of the above insurance contracts, KRW 71,244,063 from the Korea Fire Insurance Co., Ltd., and KRW 94,123,805 from the Korea Fire Insurance Co., Ltd., and KRW 39,60,000 from the Hyundai Marine Fire Insurance Co., Ltd., and KRW 21,120,000 from the East Marine Insurance Co., Ltd., and KRW 36,80,000 from the East Marine Insurance Co., Ltd., and KRW 338,80,292.

The amount of total revenue reported by the defendant to the tax office from 2008 to 2015 is KRW 89,138, KRW 3,060, and KRW 3,060 in 201, the amount of income of the defendant is limited to KRW 86,371, and KRW 985 in 201, and the amount of income of the defendant is limited to KRW 2008, KRW 2009, KRW 201, KRW 2012, KRW 2013, KRW 2014, and KRW 2015.

【Ground of recognition】In the absence of dispute, Gap's 1, 3 through 5, and 7 are included in each number.

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