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(영문) 광주고등법원 2019.11.08 2018나25037

보험계약 무효확인

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1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, and it is identical to the reasoning of the judgment of the court of first instance, except for adding a judgment on the assertion that the plaintiff emphasizes again in paragraph (2), thereby citing the summary thereof pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The third 15th 15th le of the judgment of the first instance is moving “Defendant F” to “Defendant B”.

2. Additional determination

A. In light of the Defendants’ economic situation at the time of the conclusion of each of the instant insurance contracts, which was the time of the conclusion of each of the instant insurance contracts, the Defendants were difficult to cope with the insurance premium due to each of the instant insurance contracts, etc., Defendant B was excessively hospitalized despite their minor symptoms, and Defendant D and C notified false facts as to whether they were insured at the time of concluding each of the instant insurance contracts, etc., the Defendants concluded the instant insurance contracts for unlawful purposes.

B. Determination 1) The following circumstances are acknowledged as follows: ① there is no direct material to prove the income of the husband G who married with Defendant D, but from 2007 to 2018, when the details of the account in the name of Defendant C (R Bank, S), or Defendant B (T Union, U) used by Defendant D from 2007 to 2018, it appears that Defendant D continued to have income to a certain extent; ② G appears to have formed property to the extent of holding real estate around 2007, such as the building in Gwangju Northernbuk-gu, Gwangju, Gwangju, Gwangju, H, and I around 2013; ③ there is no material to acknowledge that Defendant D had formed an abnormal insurance contract, such as the payment of insurance premium in full, etc. as at the time of conclusion of the insurance contract; ④ Defendant D’s insurance premium should be borne by Defendant D as at the time of conclusion of the insurance contract.