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(영문) 인천지방법원 2020.08.19 2019나69134
보험금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. The scope of the trial in this Court claimed the return of KRW 8,380,560 out of the insurance money already paid due to confirmation of existence of the obligation and return of unjust enrichment against the Defendant as the principal claim. The Defendant claimed KRW 49,437,634 of the insurance money against the Plaintiff upon a counterclaim claim.

In this regard, the judgment of the court of first instance accepted the plaintiff's claim for confirmation of existence of the obligation among the plaintiff's principal claim, and partly accepted the claim for return of insurance money, and all the defendant's counterclaims were dismissed.

The Defendant appealed only against the judgment of the court of first instance. The Defendant appealed as to the part against the Defendant in the principal lawsuit. However, as to the counterclaim, the Defendant appealed only to KRW 22,264,159, which is a part of the claim of the counterclaim on the ground of an error in calculating the lost income (=affirmative damages of KRW 4,181,575, passive damages of KRW 8,082,584, KRW 10,000,000) and did not reduce the claim of the counterclaim.

Therefore, the scope of this court's trial is limited to the part against the defendant among the plaintiff's main claim and the above part among the defendant's counterclaim claim.

2. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not different from the allegations in the court of first instance (the plaintiff did not submit a preparatory document separately in this court), and in light of the evidence duly admitted and investigated by the court of first instance, the fact-finding and judgment of the court of first instance are deemed legitimate

Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance, except that the judgment of this court is based on Article 420 of the Civil Procedure Act, since the judgment of this court is based on Article 420 of the Civil Procedure Act, since the judgment of this court is based on Article 420 of the Civil Procedure Act, since the "G of this court" of this court is deemed "G of the court of first instance" of this court, and the

(However, the part which does not fall under the scope of the judgment of this court is excluded). 3. Then, the judgment of the first instance is legitimate, and all appeals filed by the defendant against the principal lawsuit and counterclaims are dismissed.

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