1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The plaintiff filed a lawsuit against the defendant claiming the payment of insurance money of KRW 40,000,000 and damages for delay. The court of first instance accepted the portion of KRW 10,000 and damages for delay as well as the portion of the damages for delay, and rendered a judgment dismissing the remainder of the claims.

Therefore, since only the defendant filed an appeal on the part against which he lost, the scope of the judgment of this court is limited to KRW 10,000,000 among the plaintiff's insurance claim and damages for delay.

2. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following '3. Additional Judgment' as to the assertion that the defendant emphasizes or adds to this court, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Additional determination

A. The summary of the defendant's assertion limited the concept of operation to "accomponing to a living body" as to the insurance contract of this case. Thus, the operation stipulated in the insurance contract of this case is premised on a dynamic surgery (a method of cutting, piling, etc. of a living body) and the operation is not an interim treatment method that reduces the size of the fals, not an cutting of fals, or an falsing of the fals, but an interim treatment method that reduces the size of the fals of the fals, which was received by the plaintiff.

B. As to the definition of surgery under Article 20(2) of the Clause of the insurance contract of this case, the following facts are as follows: "In the case where a doctor deems it necessary to give medical treatment due to the 11th generation of disease, sacrine cancer, or sacratic sacephy, etc. to put in the body of life by using an apparatus under a medical doctor's control, and excludes hands, saut, saut, etc. from actions such as hands, saut, etc., and pacK."