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(영문) 광주고등법원 2017.01.25 2016나11607
보험에관한 소송
Text

1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

Plaintiff and Defendant B.

Reasons

1. Alteration of a request in the trial and the matters to be tried by this court;

A. The Plaintiff sought confirmation of invalidity of the insurance contract entered into between the Plaintiff and the Defendant A (However, the policyholder was the Defendant A) and sought payment of damages for delay calculated at the rate of 20% per annum from the day following the delivery of a copy of the instant complaint to the day of complete payment as to the Defendants’ KRW 50,835,596, Defendant A, Defendant B, and each of the said money.

The court of first instance confirmed that the insurance contract entered in the separate sheet entered into between the plaintiff and the defendant A (However, the policyholder was the defendant A) is null and void, and sentenced the defendant A to the judgment of the first instance court that dismissed the remainder of the plaintiff's claim against the defendants (part of the claim for delay damages against the defendant), the defendant A's 50,835,596 won, the defendant B's 20% per annum from June 11, 2015 to September 30, 2015, and 15% per annum from September 30, 2015 to September 30, 2015.

B. As to the judgment of the first instance court, only the Defendants appealed against the entire part against them, and the Plaintiff changed the claim to nullify the invalidity of the insurance contract entered in the attached list entered between the Plaintiff and the Defendant B to seek the invalidity confirmation of the insurance contract entered into between the Plaintiff and the Defendant, and changed to extend the principal portion of the claim against the Defendant A, reduce the damages for delay, reduce the damages for delay, and reduce the claim to pay the money against the Defendant B.

(The claim for monetary payment against Defendant B, whose claim has been extended by the Plaintiff, has the nature of an incidental appeal.)

Therefore, as above, the plaintiff's claim against the defendants changed in the trial is subject to the judgment of this court.

2. Basic facts

A. Defendant B, who entered into an insurance contract on January 15, 2010, shall be the insured and beneficiary between the Plaintiff and the Defendant B on January 15, 2010.

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