(영문) 서울중앙지방법원 2016.08.18 2016나30929

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(영문) 서울중앙지방법원 2016.08.18 2016나30929

보험금

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1. The defendant's appeal is dismissed.

2. The defendant bears the total costs of the lawsuit after the filing of the appeal.

purport, purport, and.

Reasons

1. Of the death insurance proceeds under the main contract of this case, a party member's claim for the payment of the amount that the defendant was not paid by deducting the insurance-based loans (hereinafter "amount not received by general death insurance proceeds") and the accident death insurance proceeds under the special contract of this case. The first instance court rejected the claim for the amount of the accident death insurance proceeds and dismissed the claim for the amount not received by general death insurance proceeds. The defendant appealed against this, but the plaintiffs did not appeal or incidental appeal. The court prior to the remand dismissed the part against the defendant among the judgment of the first instance by citing the defendant's appeal. The court prior to the remand dismissed the claim of the plaintiffs corresponding to the part of the judgment of the first instance. The plaintiffs won in the first instance court but won in the judgment of the first instance, and the Supreme Court reversed and remanded the judgment of the first instance court prior to the remand.

Therefore, the portion of the claim for non-receiving money for general death which the plaintiffs did not appeal is not within the scope of the adjudication after the remanding of the case, but within the scope of the adjudication after the remanding of only the claim for the insurance money for natural death.

2. Facts of recognition;

A. On August 16, 2004, C entered into an insurance contract for the insured as C, the beneficiary upon the death as heir, with each of the insurance coverage amounting to 70,69,000 won, and the non-dividend dividend franchisecI (hereinafter “instant prime contract”) with the insurance coverage period from the contract to the end of life, as well as a special agreement for non-distribution disaster death (hereinafter “instant special agreement”) with the insurance coverage amounting to 50,000,000 won and the insurance coverage amount to 80 years of age from the contract date.

(hereinafter referred to as the “instant insurance contract”) when the instant prime contract and the instant special agreement are called together. B

According to the insurance contract of this case.

유사 판례

-인천지방법원 2015.11.06 2015나10097

-서울중앙지방법원 2015.10.07 2015나14876

-서울중앙지방법원 2016.12.08 2016가단68855

-광주지방법원순천지원 2016.02.17 2014가단19862

-대법원 2016. 5. 12. 선고 2015다243347 판결