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Cases
2012Na6719 Insurance proceeds, etc.
Plaintiff Appellant
A
Defendant Elives
New Life Insurance Corporation
The first instance judgment
Seoul Southern District Court Decision 2012Ra10540 Decided May 23, 2012
Conclusion of Pleadings
October 18, 2012
Imposition of Judgment
November 15, 2012
Text
1. The plaintiff's appeal and the plaintiff's claim added in the trial are dismissed, respectively.
2. The costs of the lawsuit after the appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the first instance shall be revoked. The defendant shall pay to the plaintiff 30 million won with 6% interest per annum from September 29, 201 to the service date of a copy of the application for modification of the claim of this case, and 20% interest per annum from the next day to the day of complete payment (the plaintiff added a claim for damages for delay at the trial).
Reasons
1. Quotation of judgment of the first instance;
The reasoning of this court's judgment is the same as that of the judgment of the court of first instance, in addition to the following cases or addition, and it is citing it as it is by the text of Article 420 of the Civil Procedure Act.
2. Parts used or added;
(a) On the fourth ground of the judgment of the first instance court, the first instance court stated "it is obligated to pay an operating allowance of KRW 30 million and any delay compensation therefor" as "it is obligated to pay an operating allowance of KRW 30 million and any delay compensation therefor";
(b)for the purposes of Part 5, paragraph 2, "the point appears to be":
"The insurance clauses of this case provide that 20 million won (first time) shall be paid to the insured under the insurance clauses of this case with respect to blood climatic climatic climatic climatic climatic climatic climatic climatic climatic cliffic cliffic cliffic cliffic cliffic cliffic clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific clific.".
3. Conclusion
Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal and the damages for delay added in the court of first instance are dismissed as it is without merit. It is so decided as per Disposition.
Judges
Judges Noh Jeong-hee
Judge Lee fixed-term
Judges Park Jong-do