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1. The plaintiff's appeal and the claim added in the trial are all dismissed.
2. The costs of lawsuit after the appeal are filed by the Plaintiff.
Reasons
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as follows, except for the addition of the judgment on the selective claims added by the plaintiff in the court of first instance, and thus, citing the reasoning of the judgment in accordance with the main sentence of Article 420 of the Civil Procedure
(The first instance court's findings and determination are justifiable even if the evidence submitted by the Plaintiff in addition to the evidence duly admitted and examined by the first instance court was presented in this court).
A. The Plaintiff’s assertion concerns the burden of gift tax and thus, Defendant C notifies the Plaintiff that he would not claim insurance if the beneficiary is E, and is delegated with the business of claiming insurance proceeds. Therefore, even if he/she is obligated to dispose of it in accordance with such delegation disposition, he/she arbitrarily disposes of it, and thus, is liable for damages
B. In light of the following circumstances that can be acknowledged by comprehensively taking account of the purport of the entire argument in the testimony of witness G at the trial: (a) Party B’s evidence No. 1-2; and (b) Party B’s witness G’s testimony, the beneficiary, who actually dealt with the existing insurance-related business of the instant case, entered “E” in the insurance claim in which the beneficiary is E, affixed his signature and seal on the same insurance claim; and (c) the Plaintiff and the Plaintiff appears to have affixed his signature and seal on the same insurance claim; (d) Party B’s existing insurance and the payment structure of the instant insurance contract are the same contractual number I; and (e) Party B’s account in order to receive insurance proceeds due to the first degree disability other than the death insurance amount as in the instant existing insurance claim; and (e) Party B’s account is written in the written claim for insurance proceeds in the aggregate of KRW 247,650,684, Apr. 29, 2015, the date of receiving the existing insurance proceeds of the instant insurance contract.