보험금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts without dispute;
A. On April 3, 2001, the Defendant, the contractor, and the insured B, and the insurance premium amounting to KRW 86,150 per month was entered into a life insurance contract (hereinafter “instant insurance contract”).
B. On December 1, 2010, the Defendant terminated the instant insurance contract on December 1, 2010, and kept KRW 7,307,133 as a dormant insurance money.
2. The plaintiff's assertion that on April 3, 2001, the plaintiff concluded the insurance contract of this case with B, who was the spouse at the time with the defendant, as the contractor and the insured. Since the actual parties to the insurance contract of this case are the plaintiff, the defendant is obligated to pay KRW 7,307,133 to the plaintiff.
3. The identity of the party to the contract constitutes a matter of interpretation of the intent of the party involved in the contract, and the interpretation of the expression of intent clearly establishes the objective meaning that the party gave to the expression of intent. If the content of a contract is written in writing as a disposal document between the parties, it shall be reasonably interpreted by the content of the document regardless of the party’s internal intent, regardless of the party’s internal intent. In such a case, if the objective meaning of the text is clear, the existence and content of the expression of intent shall be acknowledged according to the language, barring special circumstances.
(See Supreme Court Decision 2012Da4471 Decided November 29, 2012, etc.). According to the health care unit, witness C’s testimony and the purport of the entire pleadings, the Plaintiff may be recognized as having consulted with the Defendant’s insurance solicitor C about the instant insurance contract around April 3, 2001, or having requested C to conclude the instant insurance contract. The fact that the insurance premium of the instant insurance contract was transferred automatically from the Plaintiff’s bank account is between the parties.