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(영문) 서울중앙지방법원 2020.12.22 2019나55776

보험금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The scope of trial at the trial court at the trial court at the first instance, the plaintiff claimed the defendant with the primary insurance money and the conjunctive damages for tort. The court at the trial court at the first instance rejected the plaintiff's primary claim and partly accepted the conjunctive claim.

Since only the defendant appealed against this, the subject of the trial by the court of the first instance is limited to the conjunctive claim (it is erroneous that the first instance court dismissed the main claim, but the main claim is not the subject of the trial, and the main claim is not the subject of the trial). 2. The judgment on the conjunctive claim is not problematic.

A. 1) The Plaintiff is a person in a de facto marital relationship with C, and the Defendant is a legal entity that runs an insurance business, such as life insurance, upon obtaining permission from the Financial Services Commission. 2) On June 10, 2014, the Plaintiff entered into an insurance contract with the Defendant (hereinafter “instant insurance contract”).

The name: From June 10, 2014 to June 10, 205, the insured period of D insurance: From June 10, 2014 to June 10, 205: The insured beneficiary of C: The insured beneficiary of C: (a) the details of security [basic contract] 10,000,000 won for the death of an injury [the selective contract] 10,000 won for an renewed type of disease (the age of 80,000), 20,000 won for the death of an injury (the age of 59), the Plaintiff: (b) on June 9, 2004, prepared a written subscription for the insurance contract brought by the Defendant E insurance solicitor to enter into the instant insurance contract; and (c) on June 9, 2004, E prepared the same as the Defendant’s E insurance solicitor’s written consent on behalf of the insured; and (d) at the time, E did not think that one spouse was a signature on behalf of the married at the time of May 20, 363 (the death).

5. Under the insurance contract of this case, the Plaintiff: C’s death insurance money of 20,000 to the Defendant.