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(영문) 광주지방법원 2018.06.21 2017가합58859
보험에 관한 소송
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On March 18, 2009, the Plaintiff entered into an insurance contract with Defendant B, 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.

After September 18, 2014, Defendant B changed the contractor of the instant insurance contract and the beneficiary other than death to Defendant A.

B. From April 3, 2010 to April 9, 2010, Defendant B received hospital treatment for 268 days in total, as shown in attached Table 2, from around that time to August 14, 2017, for seven days from around C, as well as for which Defendant B received hospital treatment for a total of 21 days, with a 268 days’ disease certificate, such as a shoulder chatitis, satitis, satitis, satitis, refectritis, fatitis, satise, satis, and satis, etc., as shown in attached Table 2.

(hereinafter “instant insurance accident”). C.

The details of the instant insurance contract, which is similar to those of the instant insurance contract, among the insurance contracts for which the Defendants concluded as a policyholder with Defendant B as the insured, are as shown in attached Table 3.

At the time of the conclusion of the instant insurance contract, the instant insurance contract and the content and nature of the guarantee are not similar. Thus, the insurance contract, such as savings, pension, cancer insurance, etc. was excluded.

The Plaintiff paid 12,533,203 won to Defendant B with insurance proceeds, and 8,000,390 won to Defendant A, respectively.

The insurance company listed in attached Form 3, including the Plaintiff, confirmed as insurance money paid to the Defendants due to the instant insurance accident, etc. is KRW 92,933,789.

E. Defendant A paid KRW 23,430 as property tax in 2008 and KRW 19,800 as property tax in 2009 with respect to 105 Dong 702, Gwangju Northern-gu, Gwangju, and the income reported by the Defendants to the tax authority from 2008 to 2016 is as follows.

The tax item to which the defendant belongs, shall be included.

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