logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.01.17 2016나208992
보험금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the following dismissals or additions, and therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. On the part of the dismissal or addition, the part of the first instance court's decision No. 6, No. 12, "payment guarantee", the part of the first instance court's decision No. 15, 13, "not guilty verdict", and the part of the first instance court's decision No. 16, No. 13, "insured individual", respectively, are deemed "insured individual".

From 18th to 20th to 10th to 18th to 19th to 20th to 10th to 10th to 10th to

(3) In particular, the payment guarantee portion was specifically determined by maintaining the judgment of the second instance court (Seoul High Court 2008No1753) on October 28, 2010, and the Supreme Court rendered a judgment that reversed the remainder of the acquittal portion (Supreme Court 2009Do1149). However, the facts that the judgment of the second instance court became final and conclusive on December 9, 201 after remanding part of the facts charged regarding the remainder that was reversed in the trial process of the court of the second instance (Supreme Court 2009Do1149) were partially modified. After remanding, the second instance court rendered a guilty judgment on the part concerning the acquisition and operation of shares among the altered facts charged on December 1, 201, and sentenced a not guilty verdict on the increased capital portion, and the fact that the second instance judgment became final and conclusive (Seoul High Court 2010No2979) are as seen earlier.

However, Article 166(1) of the Civil Act provides that extinctive prescription shall run from the time when the right can be exercised. Accordingly, in a criminal case, only a part of the judgment of innocence has become final and conclusive, and the remainder has been reversed and remanded to the court below, and in a case where it is difficult to expect a judgment of innocence, the insured shall be the total sum of the attorney’s fees to be paid in the criminal case, and how much the final percentage of innocence is, and

arrow