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(영문) 광주고등법원(전주) 2014.04.10 2013나3229

약정금

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the entries in Gap evidence Nos. 1, 3 through 7, 9, 10, 16 through 18, 19-1, 6, 20, 4 and 5 (including additional numbers) and the whole purport of pleadings:

The plaintiffs are the deceased's successors as the siblings of the net G (hereinafter referred to as the "the deceased"), and Defendant E is the deceased's heir, and Defendant H's and Defendant F are the operators of I.

B. On July 31, 2006, Defendant E entered into an insurance contract (hereinafter collectively referred to as “each of the instant insurance contracts”) with the Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) on December 31, 2008 between the policyholder and the beneficiary as H, the insured, and H’s employees, including S and T, with the insurance period of ten years; and on January 5, 2010, between the Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) and the KDB Life Insurance Co., Ltd. (hereinafter “KB Life Insurance”).

C. On October 13, 2010, Defendant F entered into a mutual aid agreement between the contractor and the beneficiary of the mutual aid agreement with the Fisheries Cooperatives (hereinafter “AF”) as Defendant F, with the period of the mutual aid agreement with the Deceased and the period of the mutual aid agreement with five years (hereinafter “instant mutual aid agreement”); and Defendant F entered into each of the instant insurance contracts and the instant mutual aid agreement, including each of the instant insurance contracts, “each of the instant insurance contracts, etc.”).

From the beginning of November 2010, the Deceased began to work as fishing vessel crew members from H. On November 201, 201, H changed the insured of the above insurance contract on November 5, 2010 with the consent of the Deceased as to the determination of the insured of each of the insurance contracts of this case as the insured of the instant case from T, a previous employee, to the Deceased, and the insured of the said insurance contract on November 8, 2010 from the previous employee, to the Deceased, respectively.

E. Each of the instant cases.