1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

1. The gist of the grounds for appeal is as follows. The plaintiff does not bear an obligation to pay insurance proceeds to the defendants for the following reasons.

A. The deceased C ( regardless of the name D before and after the opening of the name, hereinafter “the deceased”) was a mentally and physically weak person who cannot obtain a valid consent at the time of the instant insurance contract, and thus, the instant insurance contract is null and void pursuant to Article 732 of the former Commercial Act (amended by Act No. 12397, Mar. 11, 2014; hereinafter “the former Commercial Act”).

B. Although the Deceased had a disease such as high blood pressure and mental function disorder, he did not properly notify it intentionally or by gross negligence at the time of concluding the instant insurance contract, and the Plaintiff lawfully terminated the instant insurance contract on the ground of such breach of duty of disclosure pursuant to Article 651 of the Commercial Act.

C. At the time of the instant case, the Deceased was suffering from a high-tension disease with the military register at the time of the instant case, and accordingly, there is a high possibility that the Deceased lost his mind due to a physical talent or disease, and thus, it cannot be deemed that the Deceased died of “emergency and incidental accidents.” As such, the causal link between the instant accident and the deceased’s death was not proven.

2. There is no difference between the content alleged by the Plaintiff in the trial of the first instance and the content alleged by the first instance court.

The reasoning of this court is also the same as that of the judgment of the court of first instance, except for the following 3.3. We accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Parts to be dried;

A. Part 9 of the judgment of the court of first instance on the argument that the insurance contract of this case is null and void because the deceased is physically and mentally weak, the judgment of the court of first instance on the claim that the insurance contract of this case is null and void shall be based on the results of the physical examination as seen earlier, and the judgment of the court of first instance shall be made

The result of the above physical examination alone reveals that the deceased has a mental ability.