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(영문) 서울고등법원 2019.05.14 2018나2052700

보험료 반환

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal, including the costs of supplementary participation, are assessed against the Plaintiffs.

Reasons

1. The court's explanation of this case is the same as the reasoning of the judgment of the first instance except for dismissal or addition as set forth below 2, and thus, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The 3rd judgment of the court of first instance that is dismissed or added “Plaintiff’s assertion” in the 11st judgment of the court of first instance shall be understood as “Plaintiff’s assertion”.

After the judgment of the court of first instance, "........." in the 7th judgment of the court of first instance, "In addition, in light of the conversation between September 28, 2014 and November 23, 2014 in the above paragraph (2) above, the deceased seems to have the ability to understand the legal meaning and effect of the donation at the time of September 2014. However, the deceased's score on September 29, 2014 was lower than the point 16 at the time of the conclusion of the insurance contract of this case (18 points). Considering this, it is difficult to conclude that the deceased had the legal capacity at the time of the conclusion of the insurance contract of this case."

3. The decision of the first instance court is justified, and all appeals by the plaintiffs are dismissed.