1. The judgment of the court of first instance is modified as follows.

Attached Form

A list of accidents listed in paragraph (2) of the Schedule shall be as shown in the attached Table.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasons for this part of the basic facts are as follows: (a) the reason why this part of the judgment of the court is stated is as follows: (b) the “net C (D)” under the second sentence of the judgment of the court of first instance (hereinafter referred to as “the deceased”) shall be deemed as “the deceased C” (hereinafter referred to as “the deceased”); and (c) the “no change” under the third below shall be deemed as “a change”; and (d) the corresponding part of the judgment of the court of first instance shall be cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act; and (b) the existence of the obligation to pay insurance proceeds shall be

A. The plaintiff asserts that the insurance contract of this case is concluded and invalidated without the written consent of the deceased, who is the insured, as an insurance contract which covers the death of another person as an insured accident under Article 731 (1) of the Commercial Act, and therefore, there is no obligation to pay the plaintiff's insurance money to the defendant. Accordingly, the defendant asserts that the insurance contract of this case is valid as the main counterclaim claim,

B. Article 731(1) of the Commercial Act provides that a person’s written consent shall be obtained when an insurance contract covering the death of another person as an insured event is concluded. The purpose of the provision is to eliminate the existence of a dispute by clarifying the timing and method of consent. Therefore, the consent of another person who is the insured shall be obtained separately in writing for each insurance contract, and it is insufficient to provide a comprehensive, implied, or constructive consent.

In addition, according to Article 731 (1) of the Commercial Act, the time when the insured shall express his/her consent in writing from another person's life insurance contract until the conclusion of the insurance contract. This is a mandatory provision and an insurance contract in violation of this provision is null and void. Thus, if the insured's written consent is not obtained at the time of the formation of another person's life insurance contract, such insurance contract becomes null and void definitely,