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(영문) 수원지방법원 2018.12.13 2018가단519423

약정금

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1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 30, 2014, the Plaintiffs and the Defendant were to be one’s own land, and their mother, E died on September 30, 2014.

B. B. Before the death of Samsung Life Insurance Co., Ltd. (hereinafter “Masung Life Insurance”), E designated the beneficiary of the insurance purchased with Samsung Life Insurance Co., Ltd. (hereinafter “Masung Life Insurance”), as the Defendant (hereinafter “instant insurance”).

C. After the death of E, the Defendant claimed the instant insurance proceeds on October 10, 2014 as an insurance beneficiary, and received total KRW 100,924,934 from Samsung Bio-resources.

[Ground of recognition] The entry of Gap evidence Nos. 1, 2, 4, and 5, the result of this court's response to an order to submit financial transaction information on Samsung Bio-resources, the purport of the whole pleadings

2. Judgment on the main claim

A. The gist of the plaintiffs' assertion E was that the plaintiffs and the defendant immediately before their death were designated as the joint beneficiaries of the insurance of this case. However, although the management of insurance money was entrusted to the defendant, there was a circumstance that the plaintiffs did not be designated as the beneficiary

Accordingly, the plaintiffs and the defendant first agreed to designate the defendant as the sole beneficiary of the insurance of this case, and upon receiving the insurance money, they agreed to divide it into equal rates to the plaintiffs.

However, since the defendant received insurance money of KRW 100,924,934 and did not divide insurance money in violation of the above agreement, the defendant is obligated to pay each of the plaintiffs 25,231,233 won (10,924,934 won X1/4) in accordance with the above agreement.

B. However, the recording of F, a copy (No. 3) by the original Defendant, is insufficient to recognize the facts alleged by the Plaintiffs (F, despite the repeated summons of this Court, did not appear as a witness), and there is no other evidence to acknowledge it.

The plaintiffs' primary claims are without merit.

3. Determination on the conjunctive claim

A. The gist of the plaintiffs' arguments E.