beta
(영문) 광주고등법원 2019.04.03 2018나24430

채무부존재확인

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. In the first instance court, the Plaintiff filed a claim against the Defendants and the co-defendant B of the first instance court to verify the absence of the obligation to pay the injury, death, and insurance money stated in the purport of the claim, and the first instance court accepted all the Plaintiff’s claim.

As the co-defendant B of the first instance court did not appeal, the part against co-defendant B of the first instance judgment was separated and finalized. The object of this court's judgment is limited to the plaintiff's claim against the defendants.

2. The argument that the Defendants cited in the reasoning of the judgment of the court of first instance did not differ from the argument in the court of first instance. Thus, the fact-finding and judgment of the court of first instance are justifiable even if the evidence submitted in the court of first instance and the evidence added in this court are comprehensively considered.

Therefore, the reasoning of the judgment of this court is as follows, except for adding the following parts and the judgment on the allegations emphasized by the Defendants under Article 420 (3) of the Civil Procedure Act, and thus, it is consistent with the reasoning of the judgment of the first instance.

▣ 제1심판결문 2쪽 위에서 8~9줄의 ‘원고 B’을 ‘제1심 공동피고 B’으로, ‘원고 C, D’을 ‘피고 C, D’로 고쳐 쓴다.

▣ 제1심판결문 2쪽 위에서 10줄의 ‘피고와 사이에’를 ‘원고와’로 고쳐 쓴다.

▣ 제1심판결 이유에 기재된 ‘피고들’을 모두 ‘피고들과 제1심 공동피고 B’으로 고쳐 쓴다.

3. As to the assertion made by this court

A. The Defendants asserted that this Court also repeats the following.

The accident of this case constitutes “in the event of damaging himself in the state of being unable to make a free decision due to mental disorder, etc.,” which is an exception to the exemption of the insurance contract of this case, since the Deceased suffered from a disease such as depression of the middle do, so they were crypted by drinking, and they did not intentionally harm himself.” Thus, the Plaintiff constitutes the Defendants.