1. The appeal filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit is dismissed.

2. The part concerning the counterclaim among the judgment of the court of first instance is relevant.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The scope of the trial at the court of first instance, the defendant, while claiming a counterclaim, filed a claim for the primary insurance money and the conjunctive claim for damages. The court of first instance rejected the primary claim, and did not judge the conjunctive claim.

On the other hand, in the case of a preliminary consolidation, several claims are indivisiblely combined into one litigation procedure, and thus, a part of the judgment, such as accepting only the conjunctive claims, rejecting only the main claims, and not rendering a judgment on the conjunctive claims, is contrary to the nature of the preliminary consolidation, legal permission is not granted. Nevertheless, where a judgment was rendered without rendering a judgment on the conjunctive claims while rejecting the main claims, if an appeal is filed against the judgment, the part of the conjunctive claims whose judgment was omitted shall also be transferred to the appellate court, and it shall not be deemed that the part falls under the omission of the

(See Supreme Court en banc Decision 98Da22253 delivered on November 16, 2000). Accordingly, in the trial of a party, it is to judge the defendant's preliminary counterclaim.

2. Basic facts

A. The Plaintiff is a company running an insurance business, such as life insurance.

B. On February 27, 1998, C, the type of the deceased B (hereinafter “the deceased”), was the heir of the deceased, the deceased, and the beneficiary at the time of death between the Plaintiff and the Plaintiff on February 27, 1998, and entered into a contract for the “besber Security Insurance” (hereinafter “instant insurance contract”).

The terms and conditions of the instant insurance contract (hereinafter “instant terms and conditions”) relating to the instant case are as follows.

Article 13 (Grounds for Payment of Insurance Money) (1) If any of the following events occurs to the insured during the insurance period, the company shall set forth in attached Table 2 of the insurance money agreed to the beneficiary: