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(영문) 인천지방법원 2016.10.04 2016나3874

계약무효확인등

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the following dismissal or addition, and therefore, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 6 of the judgment of the first instance court is "This Court" as "court of the first instance."

Part 6 through 18 of the judgment of the first instance court is as follows.

According to the statement in the evidence No. 28 and this court, it is recognized that the defendant filed a petition for bankruptcy with the Incheon District Court on Aug. 14, 2008, and was exempted from immunity on Feb. 9, 2009, and on Jun. 5, 2009. In light of the above recognized facts, it is difficult to view that the defendant had property to pay monthly insurance premium without any specific burden or that he has earned income from the above insurance contract at the time of entering into each of the above insurance contracts, including the insurance contract in this case. (In this regard, the defendant was on Oct. 15, 2007, retired from office as a production agent, retired from office, and thereafter, 32.5 million won was generated in the Incheon District Court on Aug. 14, 2008, and the defendant concluded the above insurance contract for 2008, and there was no evidence to prove that the defendant had concluded the above insurance contract for 200 years or more after signing the insurance contract.)

2. Thus, the plaintiff's claim is justified and all of them are accepted, and the judgment of the court of first instance is delivered with this conclusion.