보험금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Basic facts
A. The Defendant is a company running an insurance business, etc., and the Plaintiff is a person working as an insurance solicitor by the Defendant, and the network C (hereinafter “the network”) is a person who was aware of the fact with the Plaintiff and high school.
B. On November 2, 2016, the Plaintiff respectively lent KRW 10 million to the Deceased, and KRW 42 million on January 12, 2017.
C. On October 19, 2017, the Deceased concluded, at the Plaintiff’s recommendation, an insurance contract with the Defendant with the following content (hereinafter “instant insurance contract”).
The name of insurance product: A beneficiary of the deceased (the time of death): the insured period of the deceased/(the time of death): the amount of insurance on October 19, 2017 to October 19, 2037 (the death of a disease): 40 million won.
D. While the Deceased paid the insurance premium under the instant insurance contract, around August 20, 2018, he/she transferred the premium to the Gyeongju University Hospital located in Jinju-dong, and died as “the symptoms of acute funeral services.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, Eul evidence Nos. 1, 2 and 4 (including branch numbers), the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff, a beneficiary of the case of the death of the deceased, the insurance amount of KRW 40 million due to the death of the deceased, and delay damages therefrom, according to the insurance contract of this case.
B. The Defendant’s assertion 1) As to the Defendant’s assertion of violation of Article 731 of the Commercial Act: (a) in the event of entering into an insurance contract covering the death of another person as an insured event, the consent of the other person should be obtained pursuant to Article 731(1) of the Commercial Act; and (b) the instant insurance contract is null and void
B. "Life insurance for another person" under Article 731 of the Commercial Act means life insurance for a third person other than a policyholder, which means a third person other than a policyholder.