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(영문) 서울중앙지방법원 2016.09.07 2015나71893

추심금

Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is the same as that of the first instance judgment, except for the case being cited or added as set forth in paragraph (2). Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. If the second sentence of the first instance judgment, “interest 56,609,636 won” in the 12th sentence is deemed to be “interest 56,609,693 won” (the attached list of the instant collection order is indicated as KRW 56,609,639 won, but it appears to be an error in calculation).

Part 2 of the judgment of the court of first instance is divided into "B" and " May 7, 1995" into " May 7, 1996", respectively.

C. On the third side of the judgment of the court of first instance, the term “30 million won” in the fourth part of the judgment of the court of first instance is deemed to read “10 million won”.

The third part of the judgment of the court of first instance is "D." in the third part of the judgment of the court of first instance.

E. On the 3rd page of the first instance judgment, “(based on recognition)” was added to “A’s evidence Nos. 1 through 3, “A’s evidence Nos. 1, 2-1 through 3, and A’s evidence No. 4, and the purport of the whole pleadings.”

F. On the 3rd anniversary of the judgment of the court of first instance, the 15th to 19th shall be applied as follows.

"The defendant's assertion that the insurance contract of this case in this case constitutes an insurance contract for another person because the legal successor can receive the death benefit as a beneficiary when the insured dies. Thus, the plaintiff's termination of the insurance contract of this case without the consent of the beneficiary or the insurance certificate is invalid.

In addition, the instant insurance is a guaranteed insurance for the purpose of guaranteeing the death, injury, disease, accident, etc. of a person. Even if it has the same nature of a certain savings insurance, it cannot be classified into a guaranteed insurance and a savings insurance without permission, and only a savings insurance cannot be terminated separately.

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G. From 5th to 6th 1th 2th 1th 2th 2th 6th 6th 6th 6th 6th 6th 6th 6th 6th.