1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

1. The court's explanation on this part of the basic facts is identical to the reasons stated in Paragraph 1 of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act

2. Determination on the defense prior to the merits

A. As to each of the instant claims asserted by the Defendant (the main claim and the conjunctive claim), the parties to the instant insurance contract are B, and the Defendant is only in the status of the insured and the beneficiary, and thus, the said claim against the Defendant, who is not a party to the insurance contract, is unlawful as there is no benefit of confirmation.

B. 1) Determination 1) In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when it is the most effective means for the defendant to receive a judgment of confirmation against the defendant (see Supreme Court Decision 91Da14420, Dec. 10, 191). As seen earlier, the defendant is not the party to the insurance contract of this case but the insured and beneficiary, but the defendant is not the party to the insurance contract of this case. However, if the insurance contract of this case is not effective or there is no validity of the insurance contract of this case, the plaintiff can seek the return of the insurance money already paid to the defendant who is the beneficiary of this case, and if it is confirmed that there is no claim for insurance money after the insurance contract of this case, the plaintiff may seek the return of the insurance money already paid to the defendant who is the beneficiary of this case, and even if the defendant is not the party to the insurance contract of this case, the dispute can be resolved by removing existing apprehension and risk about the existence of the claim after this case.