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(영문) 서울고등법원 2015.12.23 2015나8744

부당이득금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The network E and the network D married on September 14, 2007, and died on November 23, 2013, and on February 9, 2014 in the state of no child.

The plaintiff is the mother of the deceased D, and the non-party F is the father.

The defendant is the mother of the deceased E, and the non-party G is the father.

B. On November 8, 2001, the network E entered into an insurance contract with the Future Life Insurance Co., Ltd. with the content that, in the event of the disability of the insured and the beneficiary at the time of the death of the insured, the beneficiary shall be the heir, and the insured shall pay surgery and hospitalization benefits at the time of surgery or hospitalization, and shall pay insurance proceeds of KRW 100 million at the time of death or disability of class 1.

On January 30, 2013, the network E changed the contractor of the above insurance from the network E, and the defendant, the following contractor, changed the beneficiary from the heir at the time of the death of the above insurance.

C. In around 2005, the deceased E received surgery and hospitalization several times since being diagnosed of brain salutism. On September 23, 2013, the deceased E received full delegation from the deceased E of the authority to claim insurance proceeds, and filed a claim for insurance proceeds as an insured accident, such as hospitalization for more than six times between November 11, 201 and September 11, 2013, and cerebral alutism caused by double salutism.

On November 11, 2013, the above insurance company paid KRW 101,424,866 as insurance money corresponding to the details of the above hospitalization and the first degree disability to the National Bank account of the network E.

(hereinafter “instant insurance proceeds”). D.

The Defendant transferred the net E’s account of KRW 30 million on November 12, 2013, KRW 30 million on the following day, KRW 30 million on November 13, 2013, KRW 30 million on November 14, 2013, KRW 9.8 million on November 15, 2013, and KRW 1.15 million on November 14, 2013, and KRW 50 million on November 15, 2013.

(e) The net E, other than that which after November 11, 2013, results in the reaction to the pain or to the abdominence, and the degree of “no”.