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(영문) 서울중앙지방법원 2020.08.26 2019나75619
보험금
Text

1. The plaintiff's appeal and the plaintiff's additional and expanded claims are all dismissed.

2. After an appeal is filed.

Reasons

1. Determination on the claim for insurance money payment

A. The defendant's judgment on the defendant's main defense of safety asserts that since the plaintiff won all of the judgment of the court of first instance in relation to the claim for the payment of insurance proceeds, the appeal on this part is unlawful as there is no

Since an appeal is intended to seek revocation or alteration of a judgment disadvantageous to himself/herself, in principle, an appeal against the judgment is not allowed. However, the denial of the profit from an appeal by the party who won the entire winning case cannot be considered as absolute (see Supreme Court Decision 94Da3063, Jun. 28, 1994). If the judgment of the plaintiff who won the entire winning case becomes final and conclusive in the form of the whole winning case, such as where he/she won the entire winning case in the implied partial claim, etc., then he/she cannot bring a separate lawsuit any longer, then he/she shall be deemed as benefit from an appeal. Since the legal stability of the other party or infringe on substantive rights, as long as it is recognized that it is reasonable to allow the extension of the claim in the appellate court on the entire winning case to the entire winning case is reasonable, it shall be deemed that there is a benefit from an appeal against the entire winning

In the instant case, the Plaintiff’s claim is a divisible monetary claim by nature as a claim for insurance money, and the Plaintiff did not expressly state the purport of the partial claim in the first instance trial, and thus, it is reasonable to deem that the Plaintiff’s appeal of this case is an exceptional case where the benefit of appeal

Therefore, the defendant's above assertion is without merit.

B. On May 24, 2001, the Plaintiff entered into a “C” insurance contract with the Defendant with a fixed insurance period of 126,740 won per month, the payment period of which was 17 years, and the fact that the Plaintiff paid all the premiums is between the parties.

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