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1. Of the part concerning the counterclaim in the judgment of the court of first instance, the Defendant (Counterclaim Plaintiff) that constitutes the following amount ordering payment.
Reasons
1. The plaintiff filed a counterclaim with the court of first instance to the effect that there is no obligation to pay insurance proceeds under an insurance contract entered in the separate sheet (hereinafter "the insurance contract of this case") entered into between the plaintiff and the deceased B (hereinafter "the deceased"). The defendant, as a beneficiary of the insurance contract of this case, filed a counterclaim to claim payment of 50 million won insurance proceeds under the insurance contract of this case and 50 million won per annum from February 22, 2013 to the delivery date of the copy of the counterclaim of this case, and 20% per annum from the next day to the day of full payment. This claim is dismissed, and the part claiming payment of 50 million won from the next day of the counterclaim of this case to the day of full payment, and the part claiming payment of damages for delay calculated at the rate of 20% per annum from the day after the copy of the counterclaim of this case was served to the day of full payment, and it is clear that only the plaintiff claimed payment of damages for delay from February 25, 2013.
Therefore, the part of the claim for the payment of damages for delay which was dismissed among the counterclaim claim is subject to the judgment of this court.
2. Determination on the cause of the claim
A. (i) On April 12, 2012, the Deceased concluded the instant insurance contract with the Plaintiff, the insurer.
Sheshe was living in the mix C 605 in Suwon-gu, Suwon-gu, and around February 21, 2013, 207:35, the deceased was found to have been dead after being drumd from the outer wall of the building immediately adjacent to the studio of this case, and the private person was found to have been brain-dead and to have been damaged due to the fall.
(2) On April 3, 2013, the Plaintiff, a beneficiary of the instant insurance contract, is provided for in the instant insurance contract.