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(영문) 부산고등법원 2020.07.09 2019나57797
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. The reasoning for the court’s explanation in this part is the same as the corresponding part of the judgment of the first instance court (the “1. Basic Facts” of the suspension of the second page). Therefore, this part is cited by the main text of Article 420 of the Civil Procedure Act.

Provided, That some of the judgment of the first instance shall be amended as follows:

[Revision] The provision of “D.......” in the third place of the judgment of the court of first instance is amended as follows:

D. The instant insurance contract was concluded by the “J which was responsible for agency management as an employee of the Defendant’s original office.” The signature of the insured’s signature column stated in the instant first insurance contract was substituted by the said J with the consent of the Plaintiff who is the policyholder without confirmation as to the consent of the deceased, who is the insured. The signature of the insured’s signature column stated in the instant second insurance contract was concluded with the recruitment of the insurance solicitor belonging to the Defendant. The signature of the insured’s signature column stated in the instant second insurance contract was signed with the recruitment of the insurance solicitor belonging to the Defendant. The signature of the insured’s signature column stated in the instant second insurance contract was done by the Plaintiff on behalf of the deceased in the presence of the said H, from the third page of the judgment of the first instance court of the first instance.”

The testimony of the witness of the first instance court and the testimony of the J of the witness of the first instance court is added to "(based on recognition)" at the bottom of the third level of the judgment of the first instance court.

2. Summary of the plaintiff's assertion

A. As to the fact that, in soliciting each of the instant insurance contracts which constitute an insured event against the death of others, J and H, the Defendant’s employees, shall be deemed null and void if the Plaintiff, as the policyholder, is unable to obtain the written consent of the insured.

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