(영문) 서울고등법원 2016.10.27 2015나2064450

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자간(%)

(영문) 서울고등법원 2016.10.27 2015나2064450

보험금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the judgment of the court of first instance, except for the parts used or added as stated in paragraph (2) below, and therefore, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts used or added;

A. On the seventh side of the judgment of the first instance court, the following contents were added after the fourth sentence:

“However, there seems to be no special circumstance to subscribe to a number of insurance contracts with a total of 10 cases within the short period of the same day or month, including the existence of special circumstances in the contents of guarantees of each of the instant insurance contracts (it does not seem that the Plaintiff’s acquisition of Korean nationality on February 9, 2010 and the issuance of resident registration numbers on May 6, 2010 does not seem to fall under special circumstances).”

B. The following is added between the 7th sentence of the first instance court and the 7th sentence.

"The insurance proceeds that the plaintiff can receive as a daily admission when he/she is hospitalized according to each of the insurance contracts of this case shall reach KRW 300,000 per day."

C. The following is added between the 8th sentence of the first instance court and the 8th sentence.

The same shall also apply to the Plaintiff’s deposit account in which the insurance premium of each of the instant insurance contracts is collected at all times, as seen in the evidence A No. 18.

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D. The “insurance premium of 23,500 won” at the last 8th of the judgment of the first instance court is deemed to be “insurance premium of 32,500 won.”

3. Therefore, the judgment of the first instance court is just in its conclusion, and the plaintiff's appeal against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

참조조문

-민사소송법 제420조

유사 판례

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