beta
(영문) 광주지방법원 2020.05.29 2019나62559

보험금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

1. The reasoning for this part of the reasoning of the judgment of the court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of Paragraph 1 of Article 420 of the Civil Procedure Act, in addition to the fact that the "written evidence Nos. 1, 2, 1, 1, 1, 1, 2, 1, 1, 2, 1, 1, 1, 2, 3, 3, 3, 5, 5, 5, 5, 6, 3, 1, 3, 1, 1, 1, 2, 1, 1, 2,

2. At the first instance court, the Plaintiff filed a claim against the Defendant for the payment of KRW 100,000,000 insurance money for the death of a traffic accident, and the first instance court dismissed the Plaintiff’s primary claim and partly accepted the conjunctive claim.

In this regard, only the plaintiff appealed against the primary claim and the defendant did not appeal or incidental appeal. Therefore, the scope of the judgment of this court is limited to the primary claim of the plaintiff.

3. The assertion and judgment

A. The Plaintiff’s assertion that the deceased was on board a car in operation, resulting in an unforeseen accident, and thus, the Defendant is obligated to pay the Plaintiff KRW 100,000,000,000 insurance money for the death of a traffic accident according to the instant insurance contract.

B. The reasoning for this part of the judgment is as follows, and the corresponding part of the judgment of the court of first instance (from No. 3, No. 20 to No. 4, respectively) is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary part] Nos. 4, 11 states that "the plaintiff seems to have no experience in operating the ship," the plaintiff argued that the plaintiff would have been placed in the water due to a sudden accident that the deceased tried to fish on board the ship.