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(영문) 광주지방법원 2019.04.05 2017나50385
보험에관한 소송
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. On June 30, 201, the Plaintiff entered into an insurance contract with the Defendant as the insured (hereinafter “this case’s insurance contract”).

B. On July 18, 201, the Defendant: (a) was hospitalized at C Hospital for 15 days in the G Hospital as a stimulative stimulative stituma that was not accompanied by the interpreter on July 18, 201; and (b) was hospitalized for 545 days in total between May 28, 2014, as indicated in the attached Table 2 of the details of payment of insurance proceeds; and (c) received KRW 23,320,330,000 from the Plaintiff as insurance proceeds under the instant insurance

After that, the defendant filed a claim with the plaintiff for insurance proceeds on the ground of the same insurance accident as the indication of the attached Form 1 insurance accident.

C. The Defendant’s conclusion status of each insurance contract and the amount of insurance proceeds received, as shown in the attached Table 3, concluded 17 insurance contracts, including the instant insurance contract, from the aggregate of KRW 1,040,89,000 per month, and received insurance proceeds from the insurance company including the Plaintiff.

From July 25, 2002 to June 30, 2012, the Defendant operated a daily restaurant with the name D in Gwangjuyang-si, and reported KRW 29,852,727,727 in the second half of 208 as the revenue of each value-added tax in the second half of 2008, 77,678,183 won, 72,363,183 won in the second half of 209, 3348,857 won in the first half of 2010, and 25,268,637 won in the second half of 201, and 29,852,727 won in the second half of 2011.

On October 22, 2004, the Defendant purchased F. 389.7 square meters in Gwangjuyang-si and constructed a new building for the purpose of general restaurants, etc. on the same ground on January 25, 2010. On the other hand, the Defendant reported KRW 58,904,564, and KRW 6,70,909 as the revenue amount of value-added tax in 201 when operating a cafeteria with the trade name “E” on the above building.

On June 21, 2012, the Defendant shall determine the above restaurant building amounting to KRW 50,000,000, monthly rent of KRW 2,000.

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