계약자명의변경 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. On July 1, 2004, when the Plaintiff entered into an insurance contract on July 1, 2004, as indicated in the separate sheet (hereinafter “instant insurance contract”), the Plaintiff was a policyholder and the primary insured, but in fact, the Plaintiff was the actual contractor of the instant insurance contract, such as the Plaintiff’s payment of the insurance premium as well as the Plaintiff’s transfer of the name of the contract of the instant insurance contract to the Plaintiff. Therefore, the Defendant is obligated to accept the change of the name of the policyholder of the instant insurance contract to the Plaintiff.
B. With respect to the instant insurance contract asserted by the Defendant, the creditor was served on the Defendant on March 14, 2014, when the Seoul Guarantee Insurance Co., Ltd., the debtor, the debtor, and the third debtor, as the defendant on March 14, 2014. Even if B expressed an intention to change the contractor of the instant insurance contract, if B consented to the change of the policyholder of the instant insurance contract, it constitutes an act contrary to the seizure order against B, and thus, it cannot be complied with the instant claim.
2. Determination
A. It is insufficient to recognize that the Plaintiff was the actual contractor of the instant insurance contract, or that there was a mutual agreement between the Plaintiff and the Defendant with the intent to make the instant insurance contract the Plaintiff as the Plaintiff, solely with the respective descriptions (including the number of pages) of the evidence Nos. 1 through 8, and there is no other evidence to acknowledge otherwise.
B. In full view of the purport of the argument in Eul's evidence No. 1, Article 7(1) of the Clause of the Insurance Contract of this case provides that "contractor may change the following matters with the consent of the defendant. 4. contractor or beneficiary." The plaintiff and Eul provide that "B shall change the policyholder of the insurance contract of this case to the plaintiff."