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(영문) 서울중앙지방법원 2019.08.22 2018나42674
보험금반환
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

(b).

Reasons

1. The reasons for this Court’s acceptance of the judgment of the court of first instance are as follows: (a) the reasons for this case are the same as the reasons for the judgment of the court of first instance, except for the addition of “a determination as to the Defendant’s additional proposal”.

[Judgment on the Defendant’s additional proposal] The Defendants asserted to the effect that, at the time of entering into an agreement on the return of the advance payment of this case, the network H hedging at the time of the agreement on the return of the advance payment of this case, it was not easy for not only Defendant D but also any person to cover the considerable amount of medical expenses. The Plaintiff, using these circumstances, putting his signature on each letter related to the return of the advance payment of this case, the agreement on the return of the advance payment of this case was null and void as a juristic act of which the Defendants considerably lost fairness due to the following reasons: the agreement on the return of the advance payment of this case was concluded by the Defendants

In light of the above evidence, the circumstance where the deceased H was responsible for high-amount medical expenses due to the instant accident is acknowledged. However, such circumstance alone is insufficient to readily conclude that the Defendants was in the state of old-age, rashness, and inexperience at the time of the agreement on the return of advance payment in this case, and there is no other evidence, and therefore, the Defendants’ assertion is without merit.

(2) In conclusion, the judgment of the court of first instance is justifiable, and all appeals by the Defendants are dismissed. It is so decided as per Disposition by the assent of all.

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