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(영문) 부산고등법원 2017.08.23 2016나54070
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

1...

Reasons

1. In the first instance trial, the Plaintiff sought confirmation of the invalidity of the termination of the insurance contract by the primary claim against the Defendant. The Plaintiff sought reimbursement of KRW 9,280,00 and damages for delay from September 23, 2008 to the time of death of the Plaintiff. The first instance court dismissed the primary claim, and accepted the claim of KRW 9,280,00 and damages for delay from September 23, 2008 to the time of death of the Plaintiff, and dismissed the part of the claim of the insurance money from September 23, 2008 to the time of death of the Plaintiff.

Therefore, since only the plaintiff appealed, the subject of the judgment of this court is limited to the claim of insurance from September 23, 2008 to the time of death of the plaintiff among the plaintiff's main claim and the conjunctive claim.

2. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where the corresponding part of the judgment of the court of first instance is cited or added as follows (Provided, That the part concerning the claim of KRW 9,280,00 among the conjunctive claims and damages for delay thereof is not within the scope of the judgment of the court of first instance, and this part is excluded in its reasoning) and the main sentence of Article 420 of the Civil Procedure Act are cited as it

Part 3 by inserting the same description as below to the main terms and conditions of an insurance contract.

Article 17 (Payment of Insurance Money, etc.) (1) A company shall issue a certificate of receipt when it receives the documents prescribed in Article 16 (documents required for a claim for the refund for termination of a contract, etc.) and shall establish a new witness by ding the insurance money or the refund for cancellation of a contract or exempting the payment of insurance money within three days from the date of receipt of the documents. The 5th page "Witness" shall be applied to the witness of the first instance court.

Part 5, Part 10 "This Court" shall be added to "Court of First Instance".

From the bottom of the 6th to the 5th place, the following shall be added.

① Even if the Defendant Company received the claim for the payment on March 27, 2008, it also received the claim from the Plaintiff.

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