beta
(영문) 서울중앙지방법원 2020.7.8. 선고 2019나68581 판결

보험금

Cases

2019Na68581 Insurance proceeds

Plaintiff Appellant

1. A;

2. B

[Judgment of the court below]

Defendant Elives

1. C Stock Company:

Attorney Kim Min-young, Counsel for the plaintiff-appellant

2. D Co., Ltd.

[Plaintiff-Appellant] Plaintiff 1 et al.

[Defendant-Appellant]

The first instance judgment

Seoul Central District Court Decision 2018Da5115613 Decided September 26, 2019

Conclusion of Pleadings

June 10, 2020

Imposition of Judgment

July 8, 2020

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Purport of claim and appeal

The judgment of the first instance is revoked. The defendant C Co., Ltd. shall pay to the plaintiff A, the amount of KRW 80 million for the defendant D Co., Ltd., the amount of KRW 10 million for each of them from January 2, 2018 to the delivery date of a copy of the complaint of this case, and the amount of 15% per annum for each of them from the next day to the day of full payment. The plaintiff B shall pay to the plaintiff, the amount of KRW 80 million for the defendant C Co., Ltd, the amount of KRW 10 million for each of them, and the amount of money calculated by each of the 15% per annum for each of them from January 2, 2018 to the delivery date of a copy of the complaint of this case, and the amount of money from the next day to the day of full payment.

Reasons

1. Quotation of the first instance judgment

The grounds for appeal by the plaintiffs are not significantly different from the allegations of the plaintiffs in the first instance court, and there are no evidence submitted by the plaintiffs to this court. If the evidence submitted in the first instance court shows the evidence submitted to this court by the defendant D Co., Ltd., the fact-finding and decision of the first instance court are justified. The reasoning for the judgment of this court is the same as the grounds for the first instance court, and therefore, it is acceptable in accordance with the main sentence

2. Conclusion

Therefore, the plaintiffs' claims against the defendants should be dismissed in its entirety as it is without merit. Since the judgment of the court of first instance is justified in its conclusion, the plaintiffs' appeal against the defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

Judges

Judges Lee Jong-sung

Judges Park Sang-soo

Judges Jeong Young-young

심급 사건
-서울중앙지방법원 2019.9.26.선고 2018가단5115613