1. All incidental appeals by the Plaintiff (Counterclaim Defendant) and the appeal by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The appeal costs.

1. In the first instance court’s scope of trial, the Plaintiff sought payment of KRW 3,380,000 of insurance proceeds and delay damages as principal lawsuit. The Defendant filed a counterclaim to seek payment of KRW 146,425,323 of insurance proceeds and delay damages paid to the Plaintiff upon confirmation of the invalidity of the insurance contract and return of unjust enrichment.

The first instance court accepted only insurance money of 840,000 won and damages for delay among the plaintiff's claims on the principal lawsuit, and dismissed all the defendant's counterclaims.

In this regard, the Defendant appealed against the counterclaim claim part, and the Plaintiff filed an incidental appeal against the claim amounting to KRW 2,400,000 of insurance money and the claim amounting to the delay damages.

Even if only one of the parties to the judgment of the first instance that dismissed part of a claim, an appeal is filed only by one of the parties to the judgment of the first instance, the entire claim, which was the object of the judgment of the first instance, is indivisiblely transferred to the appellate court. However, the scope of the appellate court’s trial is limited to the scope of the appeal filed by the appellant, but it is inevitable to examine the validity of the claim, such as the occurrence of the claim, in order to examine the validity of the claim belonging to the scope

(See Supreme Court Decision 2002Da67321 Decided April 11, 2003). The part of the insurance amount of KRW 2,400,00,000, which the Plaintiff lodged incidental appeal, is related to whether the insurance amount of KRW 3,380,000, which was initially claimed, constitutes grounds for payment of insurance money and appropriate insurance amount. Thus, in order to examine the legitimacy of the part of the insurance amount of KRW 2,400,00, which is within the scope of adjudication, the overall determination of the pertinent claim, such as the occurrence of

Therefore, while the part of the claim for counterclaim and the claim for insurance money amounting to KRW 2,400,000 among the claims in the principal lawsuit are subject to the judgment of the court of this case, in order to determine the propriety of the claim amounting to KRW 2,400,000, the whole claim such as the occurrence of the claim, etc.