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(영문) 서울중앙지방법원 2016.08.17 2016나18653
보험금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is the same as that of the first instance judgment, except for the case being cited or added as set forth in paragraph (2). Thus, this is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. On the 3rd page of the judgment of the court of first instance, the letter of “new report” in the 15th page shall be re-written to “Defendant”.

B. On the third page of the first instance judgment, the second page “B” in the second page “B” is advanced into “III.”

C. Notwithstanding paragraph 2 of Section 2 of Section 4 of the first instance judgment, the phrase “(3)” shall be deemed to read “(4) Notwithstanding paragraph 3.”

Part 5 of the judgment of the court of first instance shall be deleted from Paragraph 13 to Paragraph 14.

E. On the 8th page of the judgment of the court of first instance, the phrase “settlement” in the 4th page is immediately added to the following:

“The Plaintiff has been managing the sales bond by verifying the cumulative credit sales, settlement amount, and settlement time, etc. with the customer director. According to the evidence No. 8-1 of the evidence No. 8-1 of the Plaintiff, it is difficult to deem that the Plaintiff was aware of the occurrence risk of the insurance accident, or was unaware of it due to gross negligence, even around Apr. 201, 201, and around Jun. 2012, 201, which was the date of the delay of payment of the sales bond, around Nov. 201, and around Nov. 201, 2011, the date of actual repayment of the sales bond, and around November 201, the date of actual repayment of the sales bond.”

3. Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition.

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