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(영문) 서울남부지방법원 2013.11.22 2013나9241
채무부존재확인
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are dismissed.

2. An objection to the trial;

Reasons

1. The reasoning for the court’s explanation on this part is that “On the other hand, according to the insurance contract of this case, the beneficiary at the time of the death of the insured is designated as a legal inheritor” in the end of the pertinent part of the judgment of the court of first instance, and except for adding “each description of evidence A No. 7-25, 32” to “the grounds for recognition” as stated in the pertinent part, and thus, this part is cited in accordance with the main text of Article 420 of the Civil Procedure Act.

2. The reasons for the court's explanation on this part of the claim is as follows: "Nos. 7-4, 9, 14 of the first instance court's 3th 16th 16th 7th 7th 4, 5, 9, 14th 7th 7th 7th 7th 4, "the circumstances" of No. 4th 1st 7th 7th 5, 2nd 3th 7th 7th 3th 7th 5th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 7th 8th 8th 8th 8th 8th 8th 8th 16th 7th 7th 1st 3th 5th 7th 7th 5th 7th 7th 7th 4th 7th 7th 7th 1st 5th 5th 4th 5th 4th 7th 7th 1st 3th 7th 7th 7th 3.

3. According to the basic facts acknowledged before the judgment on the counterclaim claim, the Plaintiff, the insurer of the insurance contract of this case, is obligated to pay the insurance proceeds under the insurance contract of this case to the legal heir of the deceased, who is the beneficiary, in proportion to his share of inheritance. Meanwhile, at the time of the death of the deceased, only the Defendants were the legal heir, and each share of inheritance was made by the Defendant A.

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