2. The costs of lawsuit shall be borne by the Plaintiff.

A. On September 3, 2002, the Plaintiff’s mother concluded an insurance contract with the Defendant on September 3, 2002 (hereinafter “instant insurance contract”). The Plaintiff’s mother entered into an insurance contract with the Defendant as “insured and Insured: B, hospital/insured beneficiary: B, and beneficiary of death: Plaintiff” (hereinafter “instant insurance contract”).

B. On November 5, 2012, B changed the beneficiary from the Plaintiff to C in the event of death among the terms of the instant insurance contract.

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

2. The plaintiff's assertion that when the policyholder concludes an insurance contract on behalf of the other party, the other party receives the benefit of the contract and such insurance contract is for the third party under Article 639 (2) of the Commercial Act, so the party cannot change or extinguish it after the third party's right was created pursuant to Article 541 of the Civil Act. Thus, the change of the beneficiary of B and the defendant's death is null and void at the time of death of B and the beneficiary of the insurance contract of this case is in the status of the beneficiary of this case as at the

3. Determination

A. At the time of the instant insurance contract, B, the policyholder at the time of death, designated the beneficiary as the Plaintiff, whether the change of the beneficiary was null and void without the Plaintiff’s consent, and the part relating to the death insurance in the instant insurance contract constitutes an insurance contract for others.

Although the proviso of Article 649(1) of the Commercial Act provides that in the case of an insurance contract for another person, the policyholder shall not terminate the insurance contract before the occurrence of the insurance accident without obtaining the consent of the other person or holding an insurance policy. However, according to Article 733 of the Commercial Act, the policyholder has the right to designate or change the beneficiary in the life insurance contract, and according to Article 733 of the Commercial Act, the terms and conditions of the insurance