logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.02.14 2018다283735
보험금
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The court shall judge whether the facts alleged are true in accordance with logical and empirical rules, based on the principle of social justice and equity, with free conviction, taking into account the overall purport of pleadings and the result of examination of evidence.

(Article 202 of the Civil Procedure Act). The admission of facts and the selection and evaluation of evidence conducted on the premise thereof belong to the exclusive authority of the fact-finding court unless it exceeds the bounds of the principle of free evaluation of

For the reasons indicated in its reasoning, the lower court determined that: (a) sufficiently explained the Plaintiff A’s key and specific content of the provision on the exemption of this case to the effect that “no compensation shall be made for any damage incurred while the Plaintiff, who is engaged in the duty to board a ship, is aboard the ship,” and that the Deceased, together with the Plaintiff A, was engaged in operation of the instant fishing vessel while operating the Smarket.

The allegation in the grounds of appeal is merely disputing the fact-finding and the selection of evidence, which are all the exclusive authority of the lower court, and it does not constitute legitimate grounds of appeal

Even if examining the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

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 on the bench.

arrow