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(영문) 대전고등법원 2019.12.04 2019나11027

손해배상(기)

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The plaintiff's claim added by this court is dismissed.

3...

Reasons

1. The reasoning for the court's explanation concerning this case is as follows, or as stated in Paragraph 2, to supplement the first instance court's decision, and as stated in Paragraph 3, to add the judgment concerning claims added by this court, such as Paragraph 3, it is identical to the entry of the reasons for the first instance court's decision, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Each "D (E), F, and G" of the 2th 10th 10th 10th 10th 10th 10th 10th 1st 1st 1st 1st 1st 1st 1st 1st 1st

(b) each N means “N” of the fourth, 11, 15, and 19 of the first instance judgment.

(c) 5 pages 7 of the first instance judgment with “807,234915 Won” as “807,234,915 Won”;

Nos. 8-2 through 10 of the judgment of the court of first instance (the judgment on the No. 10) shall be applied as follows.

7) In full view of the following facts and circumstances as a whole, the Defendant’s act of having the Plaintiff pay KRW 30,80,000 to the insurance premium of the insurance that the Plaintiff himself/herself was the insured constitutes a tort against the Plaintiff, taking into account the following facts and circumstances that can be acknowledged by comprehensively taking into account the descriptions of the health class, Gap’s evidence No. 2, Eul’s evidence No. 32,56,57 (including each number number; hereinafter the same shall apply) and the overall purport of the pleadings.

Therefore, this part of the Plaintiff’s assertion is with merit. Around December 2, 2016, the Defendant drafted an application form for an insurance contract on behalf of the Plaintiff and Q Q. According to its content, the Plaintiff, the insured, the beneficiary in the event of hospitalization and disability, and the insured amount is KRW 50 million, the insurance period is 10,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,00

In accordance with the above insurance contract, the Plaintiff is a sum of KRW 3,80,000,000,000,000,000 for 11 times to S Co., Ltd. from December 2, 2016 to October 16, 2017.