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

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited as it is by the main text of Article 420

2. Occurrence of an obligation to pay insurance proceeds;

A. On the premise that the instant insurance contract is effective, the Defendant asserts the payment of the insurance money based on the premise that the instant insurance contract is valid (Counterclaim), and the Plaintiff asserts that the instant insurance contract is an insurance contract that covers the death of another person as stipulated in Article 731(1) of the Commercial Act, and thus, the written consent of the deceased, who is the insured, is necessary (the signature recorded in the column of self signature of the insured, is not the deceased), and thus, the instant insurance contract is null and void (the principal claim)

1) Article 731(1) of the Commercial Act provides that an insurance contract which covers the death of another person as an insured event shall obtain the consent of the other person in writing at the time of the conclusion of the insurance contract. This is a mandatory provision for the protection of the insured (see Supreme Court Decision 96Da37084, Nov. 22, 1996). Therefore, since such written consent is effective for the validity of the insurance contract of this case, the defendant who asserts the validity of the insurance contract of this case has the burden of proving the validity of the insurance contract of this case. 2) The following circumstances are revealed by taking into account the following circumstances, i.e., the insurance contract of this case was concluded by telephone recruitment rather than direct face-to-face, and in detail L, an insurance solicitor, by telephone, has provided the goods explanation to the defendant by telephone, and has received the delivery of the subscription document and the product description from the defendant, and then has received the delivery of the order after the occurrence of the accident of this case.