1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

3. Text of the judgment of the court of first instance;

1. Basic facts

A. A. A around October 10, 2012, around October 10, 2012, the Plaintiff and C concluded an insurance contract listed in the attached Table 2-A (hereinafter “instant 1 insurance contract”) and the insurance contract listed in the same Paragraph (b) (hereinafter “instant 2 insurance contract”) in the attached Table 2-A, which covers the death of the Plaintiff and C as an insured event. In addition, the instant insurance contract was collectively referred to as “instant insurance contract.”

B, however, at the time of entering into the instant insurance contract, the signature of C was substituted by the insured column of the insurance contract of this case.

B and C are the relationship of high-speed relationship.

B. C died on August 21, 2014, within the insurance period of the instant insurance contract.

Accordingly, on September 4, 2014, A, the husband of C, filed a claim against the Plaintiff for the insurance proceeds of death of a disease of KRW 100 million (per KRW 50 million, respectively) according to the insurance contract of the instant case due to the insurance accident described in attached Table 1 (hereinafter “instant insurance accident”). However, the Plaintiff refused to pay the insurance proceeds and filed the instant lawsuit.

C. The Defendants died on August 27, 2015, when the instant lawsuit was pending in the trial, and succeeded to the said A.

In addition, Defendant E (17 years of age) and F (14 years of age) are minors, G was appointed as a guardian on March 23, 2016 by the Gwangju District Court Decision 2015Ra718.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, Eul evidence 1, testimony of witness B of the court of first instance, purport of whole pleadings

2. The parties' assertion

A. Upon entering into a contract with the Plaintiff’s death as an insured event, the insured’s written consent should be obtained. This case’s insurance contract is invalid since C’s death was an insurance accident but C’s written consent was not obtained by the time of entering into the contract.

B. The Defendants 1B shall have the authority to give written consent to the instant insurance contract from C at the time of the conclusion of the instant insurance contract.