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Cases
2012Da114172 (Confirmation of Non-existence of Obligations)
2012Da114189 (Counterclaim) Confirmation of the existence of an obligation
Plaintiff (Counterclaim Defendant), Appellant
A Stock Company
Defendant Counterclaim (Counterclaim), Appellee
-1. B
2
3
Since Defendant 3 is a minor, the legal representative parent B
4. E.
Since it is a minor, the legal representative mother F
Judgment of the lower court
Seoul High Court Decision (Chuncheon) 201241059 (main office), 2012, November 14, 2012
Article 1066 (Judgment on Counterclaim)
Imposition of Judgment
July 10, 2014
Text
All appeals are dismissed.
The costs of appeal are assessed against Plaintiff (Counterclaim Defendant).
Reasons
The grounds of appeal are examined.
The lower court, on the grounds indicated in its reasoning, incidental to the time when the net G enters into each of the instant insurance contracts.
to the plaintiff (Counterclaim defendant) by intention or gross negligence that he/she will participate in diving operations;
(1) The death of a person who is under the control of the State or a person who is under the control of the State or a person who is under the control of the State or a person who is under the control of the State
In the case of death resulting from an injury caused by an ex post facto reason, each of the contracts of this case shall be deemed to have been stipulated in each
It constitutes a test accident, and it can be seen that the net G suffered from a king certificate related to the instant insurance accident.
On the ground that there is no reason that the Plaintiff (Counterclaim Defendant) sent to the Defendant (Counterclaim Plaintiff) each of the instant insurance contracts to the Defendant (Counterclaim Plaintiff)
It judged that there was an obligation to pay the examination money.
In light of the relevant legal principles and records, the judgment of the court below is just and there is no award.
In the process of concluding an insurance contract, such as alleged reasons, the breach of duty of disclosure, requirements for insurance accidents
There is no error in the misapprehension of legal principles regarding burden of proof, degree of contribution, etc.
Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party.
It is so decided as per Disposition by the assent of all participating Justices.
Justices Park Jae-young
Justices Jo Hee-de
Justices Yang Chang-soo
Justices Ko Young-han
Justices Kim Jae-tae