A. On July 25, 2014, D concluded an insurance contract listed in attached Form 1 (hereinafter “instant insurance contract”) with the Plaintiff Company and the insured F, 100 million won of the injury death insurance, and the beneficiary’s statutory heir of the death insurance (hereinafter “instant insurance contract”).

B. On February 22, 2018, F: (a) around 00:17, 200:17, Cheongju-si, and died of the second accident while witnessing an accident vehicle at a point 298 km in the direction of the Busan Highway and taking relief measures.

C. The Defendants are the legal successors of F (hereinafter “the deceased”), and D, the policyholder of the instant case, is Defendant B’s spouse.

On May 21, 2018, Defendant C transferred his insurance claim based on the instant insurance contract to Defendant B with respect to the accidents listed in Appendix 2, and Defendant B, who was granted the power to notify the assignment of the above claim by Defendant C, notified the Plaintiff on the same day.

[Ground of recognition] Facts without dispute, Gap 1 through 3 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the insurance contract of this case is an invalid contract without the consent of the deceased, who is the insured.

As to this, the Defendants asserted that D’s telephone conversations calls to confirm the deceased’s intent to subscribe to insurance and to give written consent from the deceased, and thus, the instant insurance contract is valid. The Plaintiff’s refusal of payment of insurance money by denying its validity after receiving the claim for insurance money, even if D’s telephone conversations provides guidance that the monetary content of this case has the same effect as that of his/her own signature.

B. In the insurance contract where another person's death is an insured accident, the consent of the insured person is only signed by the other person in the insurance subscription form.