보험금
1. Of the part concerning the counterclaim in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who exceeds the following amount ordering payment.
1. The reasoning of the judgment of the court of this case cited in the judgment of the court of first instance is as follows, except for a dismissal or an additional determination as follows, and thus, it is consistent with the reasoning of the judgment of the court of first instance (excluding the conclusion of 5.). Thus, it is acceptable to accept
"36,009 won" in the third sentence of the first instance judgment shall be deemed "36,09 won" and "138,36,099 won" shall be deemed "138,336,099 won", respectively.
The third part of the judgment of the court of first instance is that "a pledge was established on the insurance money" was "the pledge was established on the claim for insurance money."
"Judgment" shall be added to "2018No632" in Part 3 of the judgment of the first instance.
Article 8-9 of the first instance judgment of the first instance court "after claiming insurance money of KRW 400 million, the pledgee shall be "after having the plaintiff who is the pledgee claim KRW 400 million of insurance money."
The fourth 12-15 of the judgment of the first instance shall be deleted.
The fourth sentence of the first instance judgment " October 2016" shall be deemed " October 28, 2016".
The fifth-third-party 1 to 3 of the first instance judgment shall be followed as follows.
Therefore, the Plaintiff is liable to pay damages for delay from January 30, 2019, after the date following the delivery date of the duplicate of the counterclaim, to the Defendant from January 30, 2019. However, the obligation to return unjust enrichment is liable for delay from the date following the date on which the claim for performance is filed (see, e.g., Supreme Court Decisions 2007Da8914, Feb. 1, 2008; 2012Da29557, Apr. 10, 2014); and there is no evidence to deem that the Defendant filed a claim against the Plaintiff before filing the counterclaim; thus, the Plaintiff is liable to pay damages for delay calculated at 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings until the date of delivery of the duplicate of the counterclaim. The Plaintiff is obliged to additionally add the following judgments with respect to the allegations emphasized by the appellate court:
The Plaintiff entered into the instant insurance contract.