2017 Ghana 236040 Action Demanding nullification of the insurance contract

Is 00

Attorney Jeong-young et al., Counsel for defendant

A Stock Company

[Defendant-Appellee] Defendant 1 and 3 others

April 5, 2019

May 10, 2019

1. The instant lawsuit shall be dismissed.

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

It is confirmed that an insurance contract entered in the separate sheet between the plaintiff and the defendant is null and void.

1. Summary of the plaintiff's assertion

○ The Plaintiff did not conclude the insurance contract with B Co., Ltd. (after the merger with the Defendant Company) and the insurance contract listed in the separate sheet (hereinafter “each of the instant insurance contracts”) or paid the premium.

○ From around 2006, the Plaintiff did not pay local tax of KRW 109,839,450. On January 8, 2014, the ○○○○○ Office attached the Plaintiff’s insurance termination refund against the Defendant, and collected KRW 258 of the insurance termination refund from the Defendant.

○ Article 39(1) of the Framework Act on Local Taxes provides that “If a local government’s right to collect money collectible by the local government is not exercised for five years from the time it can be exercised, it shall be terminated by prescription.” However, insurance termination refunds under each insurance contract of this case exist, and thus, the prescription period for the Plaintiff’s obligation to pay local taxes has been extended. The Plaintiff has a right to seek confirmation of invalidity of each insurance contract of this case only when the judgment of the court is made by the tax manager of the Gu office.

2. Ex officio determination

The benefit of confirmation in a lawsuit for confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to it, and thereby, it is the most effective and appropriate means to determine the Plaintiff’s legal status as a confirmation judgment to eliminate the apprehension and risk when the Plaintiff’s legal status is unstable and dangerous. In addition, only when the past legal relationship affects the current rights or legal status, and it is deemed as a valid and appropriate means to obtain a confirmation judgment on the legal relationship in order to eliminate risks or apprehensions to the present rights or legal status (see Supreme Court Decision 2010Da43580, Sept. 30, 2010, etc.).

In light of the above legal principles, even if the collection of local taxes was conducted on the premise of the existence of the above insurance contract by the local government as alleged by the plaintiff, in order to achieve the purpose sought by the plaintiff, it should be directly disputed against the ○○○○ City through administrative litigation or seeking confirmation of the absence of local tax in arrears, etc. as prescribed by the law. Therefore, receiving a judgment that the above insurance contract is null and void cannot be deemed as an effective and appropriate means to eliminate risks or apprehensions to the plaintiff's rights or legal

Even if a confirmation interest in obtaining confirmation of invalidity of each of the instant insurance contracts is recognized, recognition shall be made by taking into account the respective descriptions of Gap evidence Nos. 3 through 5, 8, 5, and 6 and the purport of the whole pleadings.

In other words, the following facts are alleged to the effect that each of the instant insurance contracts was forged, but the stamp image stated in the first insurance contract is deemed to be the same as the Plaintiff’s stamp image, and it does not appear that the third party affixed the Plaintiff’s seal. Each of the instant insurance contracts is indicated in the same pen signature, the Plaintiff’s resident registration number, occupation, and the Plaintiff’s domicile, which are the Plaintiff’s personal information, and the first insurance contract after the conclusion of each of the instant insurance contracts, was paid in three times, and KRW 306,80, and KRW 92,50,000 were paid in two times. In full view of the fact that each of the instant insurance contracts was signed by the Plaintiff and the Defendant, it is reasonable to deem that each of the instant insurance contracts was concluded in a valid manner between the Plaintiff and the Defendant, as it appears that each of the instant insurance contracts was written by the Plaintiff’s intent.

3. Conclusion

Therefore, the lawsuit of this case is unlawful, and it is decided as per Disposition by the assent of all participating Justices.

Judges Kim Jae-jin