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(영문) 청주지방법원 2020.04.24 2019가단25509

위자료

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Defendants are children of Nonparty 1 F (the Deceased).

B. On September 1, 2017, the Deceased subscribed to the G Co., Ltd. (hereinafter “the instant insurance money”) and the life insurance on December 29, 2017, the Defendants, a person holding the right to receive the death benefit, died on October 25, 2018, received the death benefit amount exceeding 30 million won (hereinafter “the instant insurance money”).

C. The Deceased, around October 2014, had a judicial divorce between his mother and the Defendants, and had lived with the Plaintiff around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 5, purport of whole pleadings

2. The assertion;

A. The Plaintiff first agreed to pay KRW 10,000,000 out of the instant insurance money to the Plaintiff, and then sought the payment.

In light of the following circumstances, the statement of No. 7, No. 8, and No. 1, which is acknowledged by adding the whole purport of the pleading to the statement of the evidence No. 7, No. 8, and No. 1, the following circumstances, namely, the text message presented by the Plaintiff as evidence, includes a consultation between the sender and the receiver about whether to share and dispose of the deceased’s obligation for a certain portion, and the amount presented in the content differs from the claim amount of this case. The deceased’s obligation is requested for presentation of a loan certificate related to the deceased’s obligation, and the Plaintiff’s letter receiver of No. 7 is also the Plaintiff’s birth. In addition, it is insufficient to acknowledge that there was a verbal agreement between the Plaintiff and the Defendants to pay KRW 10,00,000 out of the insurance money of this case, and there is no other evidence to acknowledge otherwise. Rather, the Defendants, after the funeral of the deceased, who did not look together with the deceased from the time of divorce, have been conducted in the process of identifying and arranging the deceased’s positive inheritance and inheritance.