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(영문) 광주지방법원목포지원 2016.09.22 2015가합11149
보험금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 19,960,000 to the Plaintiff (Counterclaim Defendant) and its amount from January 20, 2016 to September 22, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 27, 2010, the Plaintiff and the Defendant concluded a mutual aid agreement as shown in attached Table 1 with the Plaintiff’s husband B as the beneficiary.

(hereinafter referred to as the “instant insurance contract”). The daily allowance for hospitalization of a disease under the instant insurance contract is KRW 20,000, and the daily allowance for hospitalization of an injury is KRW 20,000 from the first date of hospitalization to three days, and KRW 40,000 after four days.

B. B was hospitalized for a total of 836 days from November 21, 2011 to January 4, 2016, as shown in attached Table 2, due to pulmonary typology, chronic balmosis, dysyllogosis, etc.

The defendant paid to the plaintiff KRW 620,730 out of the total sum of the disease and the daily amount of hospitalization calculated according to the insurance contract of this case during the above hospitalization period, and the unpaid insurance amount is KRW 20,680,000.

C. In addition to the instant insurance contract, the Plaintiff and B concluded a total of 12 insurance contracts with the Plaintiff or B as shown in the attached Table 3 as the contractor or the insured between June 11, 1999 and November 29, 2010, as well as the instant insurance contract.

The aggregate of monthly insurance premiums under each of the above insurance contracts is 623,220 won, and the aggregate of monthly insurance premiums under the insurance contracts maintained among them is 442,770 won, and the insurance money paid so far is 55,389,457 won.

The Plaintiff reported the base amount of value-added tax at KRW 6,00,000 for the first year of 2010, and did not report the value-added tax base from February 2, 2010 to February 2012.

In addition, in 2010, the Plaintiff reported the amount of global income tax of KRW 6,050,000 and the amount of income of KRW 635,00,00. From 2011 to 2013, the Plaintiff did not report the amount of global income tax.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-1 to 47, Eul evidence 3-1, Eul evidence 1, Eul evidence 2-1, Eul evidence 2, Eul evidence 3, Eul evidence 4, Eul evidence 5-1, 2, Eul evidence 6, Eul evidence 7, Eul evidence 8-1 through 6, Eul evidence 9-1, 2, Eul evidence 9-2.

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