추심금
1. The plaintiff's appeal and the claims extended by this court are dismissed, respectively.
2. The costs of the lawsuit after the appeal are filed.
The reasoning for the court’s explanation as to this case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or addition as set forth in the following paragraph (2). As such, the part cited or added by the main sentence of Article 420 of the Civil Procedure Act is cited by the main text of the judgment of the court of first instance as follows: < Amended by Act No. 12397, Mar. 11, 2014; Act No. 1262 of the former Commercial Act (amended by Act No. 12397, Mar. 11, 2014; hereinafter “former Commercial Act”) provides, “The right to claim the amount of insurance, the right to claim the return of insurance premium or reserve fund, and the right to claim the return of insurance premium shall expire if it is not exercised for two years, but if it is not exercised for one year.” However, the amended Commercial Act as of March 11, 2015; Act No. 12397, Mar. 12, 2014>
Article 62 of the Commercial Act was amended to the effect that “The claim for insurance money shall be three years, the right to claim the return of premiums or reserves shall be three years, and if the right to claim insurance money shall be exercised for two years, the completion of prescription shall expire if it is not exercised for two years.” However, Article 2(4) of the Addenda of the Commercial Act (amended by March 11, 2014) provides that even if a claim has occurred after March 12, 2015, the amended Commercial Act shall apply to an insurance contract concluded before the enforcement of the amended Commercial Act. As such, Article 662 of the former Commercial Act shall apply to this case in which a claim for insurance money has occurred before the amended Commercial Act enters into force.” The following is added to the judgment of the first instance court, which reduces the 111th day from the date of the enforcement of the amended
In addition, the debtor who is the party to the prescription benefit has the right to the other party.
The defendant issued a certificate of balance of retirement insurance and the insurance claim occurred to B on the ground that he/she was aware that he/she was responsible for the debt.
It is difficult to see that there is an obligation to pay insurance money to B or not.