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(영문) 서울고등법원 2017.12.22 2016나2089609
보험에관한 소송
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

This is the same as the judgment of the court of first instance except for amendments as stated in the following Paragraph 2 and adding the judgments in the trial as stated in the following Paragraph 2. Therefore, it is accepted by the main sentence of Article 420 of the Civil Procedure Act as it is.

B. Part 1) The “this Court” of the first instance judgment is both deemed to be the “court of the first instance court”. The third end of the first instance judgment and the fourth part of the first instance judgment “insurance contract and insurance proceeds received from each insurance company according thereto” are deemed to be “the details of insurance contracts”.

3) From the 5th judgment of the first instance court [based on recognition], the 1 and 2th judgment’s “not later than the present time” is deleted. 4) The 9th judgment of the first instance court “not later than the present time” is dismissed as the 16th judgment of the first instance court, and the 19th judgment added “at the time of filing the instant lawsuit” following the “at the time of filing the instant lawsuit.”

2. Determination of the attached articles

A. As to the grounds for appeal, even in accordance with the Plaintiff’s decision on the grounds for appeal, the Plaintiff’s conclusion of the instant insurance contract for the purpose of unfairly acquiring insurance money, on the grounds that there is no other evidence to prove otherwise, and thus, the Plaintiff’s allegation in the grounds for appeal against this point is rejected. The Plaintiff’s allegation in the grounds for appeal is without merit.

B. The Plaintiff’s determination as to the assertion of the conjunctive claim that was added in the first instance trial is as follows: ① After entering into the instant insurance contract, the Defendants concluded multiple insurance contracts of the same kind with other insurance companies for the purpose of unjust acquisition of insurance proceeds.

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