약정금 등
1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The deceased E is the spouse of the plaintiff, and is the mother of the plaintiff B and C, and the defendant's words.
B. On September 30, 1996, the network E entered into a “raam insurance contract” with the Korea Life Insurance Co., Ltd. (the Korea Life Insurance Co., Ltd. at the time).
(hereinafter “instant insurance contract”). At the time of the conclusion of the said insurance contract, the network E set the beneficiary as “legal inheritor”, but around November 2003, submitted the “written request for change of the policyholder” to the Defendant, which was approved on November 27, 2003. < Amended by Presidential Decree No. 18135, Nov. 27, 2003>
C. The deceased E died on April 16, 2004, and the Defendant received hospitalization insurance money, death insurance money, etc. according to the insurance contract of this case as above changed.
[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 7, Eul evidence No. 1 (including each number), the purport of the whole pleadings
2. Determination:
A. On the premise that the agreement between the deceased E and the defendant on the payment of insurance money under the insurance contract of this case was reached between the plaintiff B and C to use it as educational expenses and child support, the plaintiff asserts that, since the defendant did not perform it, the plaintiff is obligated to notify the plaintiff B and C of part of the insurance money received from the Hansung Life Insurance Co., Ltd., and as to the claim to be received as insurance money as stated in the separate sheet as stated in the primary purport of the claim.
However, there is no evidence to acknowledge the existence of the above agreement, and there is no other evidence to acknowledge it. Thus, it is difficult to accept the above argument of the plaintiffs without further review.
B. Preliminary claim, the Defendant entered into an agreement with the network E to accept the obligation to support the Plaintiffs, within the limit of the amount of death insurance.