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Defendant C’s appeal is dismissed.
The judgment below is reversed, and the case is remanded to the Seoul Central District Court.
Defendant.
Reasons
1. According to the records of ex officio determination on Defendant C’s appeal, the court below accepted the Plaintiff’s primary claim against Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and did not separately determine the Defendants’ conjunctive claim.
Therefore, Defendant C’s final appeal is unlawful as it is not allowed as there is no benefit to file a final appeal.
2. Determination on the grounds of appeal by Defendant B Co., Ltd. (hereinafter “Defendant Company”)
A. The court below held that Defendant C, an insurance solicitor of this case, could not be readily deemed to have explained the terms and conditions of this case only based on the fact that Defendant C, issued a product description stating the contents of the contract of this case to the Plaintiff and explained it based on the fact that the terms and conditions of this case to the Plaintiff at the time of the insurance contract of this case, and asked whether the Plaintiff, at the time of the insurance contract of this case, was aware of the fact that the risks of be exposed to ambambschers are likely to terminate the existing insurance of this case. Although the preexisting insurance could have been able to receive cancer diagnosis costs by the preexisting insurance after the termination of the preexisting insurance contract of this case, the Plaintiff could not know the terms and conditions of this case and eventually have concluded the insurance contract of this case, considering the fact that the preexisting insurance contract of this case could not have been received insurance money by all of the preexisting insurance or the preexisting insurance contract of this case. Thus, the court below determined that Defendant C could not assert the terms and conditions of this case.
B. However, we cannot accept the judgment of the court below for the following reasons.
1. The records of the court below are as follows.