1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

In relation to the accident described in the attached Table 1 in the court of first instance, the plaintiff sought confirmation of the absence of an insurance claim against the defendant based on the insurance contract listed in the attached Table 2 of the insurance contract, and sought restitution of the insurance claim amount of KRW 2,96,984 from the plaintiff as unjust enrichment. In response, the defendant filed a counterclaim against the plaintiff for reimbursement of KRW 77,133,480.

In this regard, the first instance court partly accepted the claim for confirmation of non-existence of the insurance money payment obligation among the principal claim, dismissed all the claim for return of unjust enrichment, and declared a judgment of partly citing the counterclaim claim.

Accordingly, only the defendant has filed an appeal regarding the part against the defendant among the main lawsuit and counterclaim part of the judgment of the court of first instance, and this court has only the part of the plaintiff's claim for confirmation of non-existence of insurance money and the part of the defendant's claim for counterclaim within the scope of judgment.

Basic Facts

Plaintiff

On January 7, 2005, the Korea Non-Life Insurance Co., Ltd. (hereinafter “Plaintiff”) agreed with the Defendant as the insured B and the beneficiary, and entered into an insurance contract (hereinafter “instant insurance contract”). The general terms and conditions of the instant insurance contract, which are the specific terms and conditions of the instant insurance contract, include the same details as that of the attached Table 3 insurance terms and conditions, and the major contents of the guarantee are as listed below.

In the event of death or disability due to a general injury (basic) in the insurance period (Provided, That in the event of disability with less than 80 per cent multiplied by the disability payment rate), 50,000,000 and 100 per cent of the general injury for living income compensation in 10/10 shall be paid (the monthly subscription amount, the total of 60 times) as general injury (the payment of the monthly subscription amount, the total of 50 per cent to 50-79 per cent, the payment of the monthly subscription amount, the total of 24 times) as general injury, the monthly subscription amount and the total of 20 per cent to 49 per cent of the general injury.