보험에관한 소송
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The progress of the lawsuit in this case and the scope of the judgment of this court
A. On November 29, 2017, the Plaintiff submitted the instant complaint containing the purport of the claim as stated in the column of the above claim. This is ① An insurance contract in the attached Form (hereinafter “instant insurance contract”).
(2) The first instance court rendered a judgment against the Plaintiff on October 24, 2019, which dismissed all of the Plaintiff’s claims on the ground that: (i) the Defendant’s insurance money that the Defendant received from the Plaintiff under the invalid insurance contract was unjust enrichment; and (ii) the Defendant’s claim for payment of money that seeks the return of the amount of profit is constituted a claim for payment of money.
Accordingly, only the plaintiff appealed and filed an appeal.
3) On January 20, 2020, the Plaintiff submitted to the Plaintiff a written application for modification of the purport of the claim that “the Plaintiff shall pay to the Plaintiff 3,729,635 won and the amount calculated at the rate of 12% per annum from the day following the delivery of the written application for modification of the purport of the claim as of January 20, 2020 to the day of complete payment” (hereinafter referred to as “written claim of the above contents”).
(2) On March 25, 2020, the Plaintiff’s agent stated it on the second day of pleading at this Court. However, on January 30, 2020, the Defendant’s agent submitted a written consent to the amendment of the purport of the claim, and on the third day of pleading at the above date of pleading, the Plaintiff’s agent stated the written consent. (4) On April 8, 2020, the Plaintiff’s agent stated the written consent to the amendment of the purport of the claim on the third day of pleading at this Court. As above, the Plaintiff’s agent claimed the second claim as stated in the conjunctive claim, and the cause of the claim was submitted to the court of first instance on September 17, 2019 as a preliminary cause, but was not stated at that time.
I stated that the content is the same as the content.
B. 1) The scope of this Court’s trial and the nature of the claim are first stated in the second claim(3,729,635 won and its corresponding claim from the day following the delivery of the written application for modification of the claim as of January 20, 2020 to the day of complete payment.