beta
(영문) 창원지방법원통영지원 2020.04.21 2019가단1625

보험금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In relation to the parties (1), the Plaintiff is a person who was in the deceased E (the male born in 1961, hereinafter “the deceased”) from around 2014, and was in the family relation with the deceased E (hereinafter “the deceased”).

(2) The Intervenor joining the Defendant is the deceased’s child and the deceased’s legal heir.

B. On December 22, 2016, the Plaintiff, working as an insurance solicitor affiliated with F (1) for the conclusion of each of the instant insurance contracts and for the change of beneficiary, entered into a G insurance contract with the Defendant with the Deceased. The key contents are as follows.

(hereinafter referred to as “instant insurance contract”). The insured policyholder: The beneficiary of the death benefit of the Plaintiff E (the deceased): the beneficiary of the insurance benefit other than the death benefit of the statutory heir: the insured’s insurance period: The insurance premium of KRW 30,000 on December 22, 2016 to December 22, 2061: The coverage of KRW 30,000: Basic Injury Death: KRW 50,000,000 in death under a special agreement, KRW 50,000 in death under a special agreement, KRW 10,000 won in brain injury operation expenses, KRW 1,000,000 in the aggregate diagnosis expenses; and KRW 24(5) of the instant insurance contract terms and conditions; and Article 24(5) of the instant insurance contract provides that “If the contractor wishes to change the beneficiary pursuant to paragraph (2), the insured must consent in writing before the cause for the payment of the insurance

(3) On January 13, 2017, the Plaintiff entered the deceased’s name in the “Written Request for Approval of Change” in the “Written Request for Approval of Change” with the content of changing the beneficiary of the instant insurance into the Plaintiff and received it to the Defendant.

C. On February 7, 2019, the Deceased, who had been a cargo vehicle that had been involved in an insurance accident, was in an emergency operation by suffering two external wounds due to an accident where the original body was cut off while he was unloaded from the cargo vehicle, but died on February 16, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 2 and 4 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is delegated by the deceased and thus, the insurance of this case.