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(영문) 대구고등법원 2020.11.18 2020나21757
보험금
Text

All appeals filed by the Plaintiff (Counterclaim Defendant) and the appeal filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit are dismissed.

2...

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the reasoning of the judgment of first instance, except for modification as follows. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.

Nos. 7, 11, and 14 after the revision of the location prior to the revision in the first instance judgment, and only evidence submitted by the Defendant alone is insufficient to recognize that E was legally delegated by the deceased in preparing and submitting to the Defendant an application form, etc. for each contract modification. There is no evidence to acknowledge otherwise.

The entries, etc. of the evidence Nos. 1-3, 3-4-3, 6-3, 11, and 13-1 through 15 of the evidence Nos. 1-3, 3-4-3, 6-3, 6-3, 11, and 13-1 through 15 are insufficient to recognize that E prepared an application form, etc. for modification of each of the above contracts and submitted it to the defendant, and there is no other evidence to prove otherwise.

2. If so, the plaintiffs' claims in the principal lawsuit and the defendant's counterclaim are justified within the scope of the above recognition, and the remaining plaintiffs' claims in the principal lawsuit and the defendant's counterclaim claims must be dismissed as they are groundless.

The judgment of the first instance is just in its conclusion, and all appeals filed by the plaintiffs and the defendant against the principal lawsuit are without merit, and it is so dismissed as per Disposition.

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