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(영문) 광주고등법원 2017.01.18 2015나12207

보험금

Text

1. All appeals filed by Plaintiffs A and the Plaintiff (Counterclaim Defendant) and the appeal filed by Defendant K non-life insurance company.

Reasons

1. Scope of the judgment of this court;

A. In the first instance trial, Plaintiff A sought payment of KRW 760,000,000 of insurance money under each insurance contract under each of the insurance contracts listed in attached Table 1 attached hereto (hereinafter “Defendant C Non-Life Insurance”) against Defendant K Non-Life Insurance Co., Ltd. (hereinafter “Defendant C”) (i.e., insurance money of KRW 10,000,000 according to the insurance contract listed in attached Table 1 List 1 List 1 List 500,000,000 according to the insurance contract listed in attached Table 1 List 1 List 30,000,000 according to the insurance contract listed in attached Table 1 List 1 List 1 List 4, and Plaintiff B and C claimed payment of KRW 30,000,000 as insurance money listed in the insurance contract listed in attached Table 2 List 1 List 1 List 1 List 3.0,000,000 as insurance money listed in the insurance contract.

As to this, Defendant Nonghyup Life Insurance sought a return equivalent to KRW 37,945,00 (i.e., KRW 75,890,000 (= KRW 75,890,000 x 1/2) against the above Plaintiffs on the ground that the insurance money paid to Plaintiff A and C, his father, according to the insurance contract described in attached Table 2 Section 1, was unjust enrichment.

B. The court of first instance shall (1) with respect to the Plaintiff A’s claim, each insurance contract listed in Section 1, 2, and 4 of the Attached Table 1 is null and void. The insurance contract listed in Section 3 of the Attached Table 1 shall accept only the claim of KRW 190,00,00 for the reason that it is valid and the remainder of the claim shall be dismissed. <2 With respect to the Plaintiff A’s main claim and the counterclaim for Defendant Nonghyup Life Insurance, the claim of Plaintiff B and C shall be dismissed on the ground that each insurance contract listed in the Attached Table 2 is null and void, and the claim for confirmation of invalidity of the insurance contract listed in Section 1 of the Attached Table 2 among the counterclaim for Defendant Nonghyup Life Insurance and paid in accordance with each insurance contract listed in