logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원(창원) 2016.08.11 2015나21823
보험계약무효확인 등
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The plaintiff's extension from the trial room against the defendant A.

Reasons

1. The reasoning of the court’s explanation of this case is as follows, and this part of the reasoning of the judgment of the court of first instance is identical to that of the corresponding part of the judgment of the court of first instance, except in the following cases. Thus, this is acceptable in accordance with the main sentence of Article

(A) In light of the allegations and evidence added in the trial, the fact-finding and judgment of the first instance court shall not be different. Defendant C’s “Defendant C” in the first instance judgment shall be deemed “C”.

Attached Form 1 shall be replaced by attached Form 1 attached to the judgment of the court of the first instance.

On the third ground of the judgment of the court of first instance, the “60,000 won” of the monthly insurance premium of the first instance is “21,440 won,” and the “391,410 won,” which is the sum of the monthly insurance premium of the second instance, is “352,850 won,” and the “311,052 won” of the third instance judgment of the court of first instance is deemed “272,490 won,” respectively.

In the fourth 13 and 14th 14th 13 of the judgment of the court of first instance, the defendants are obligated to return each insurance money received from the plaintiff as unjust enrichment." Thus, the defendant A is obligated to return each insurance money of 56,166,306 won (the sum of each insurance money of 37,374,216 won listed in attached Table 2, 1,216 won to the defendant A account (the sum of 13,892,510 won which each insurance money of 4,89,580 won in attached Form 4 received as the defendant A account). The defendant B is obligated to return 22,10,198 won (=the sum of 2 through 20,233 through 26 of each insurance money listed in attached Table 3).

2. As such, the judgment of the court of first instance is just and without merit, and all of the appeals by the plaintiff are dismissed, and the plaintiff's claims extended in the trial are premised on the invalidation of each insurance contract of this case. Therefore, it is dismissed as per Disposition.

arrow