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(영문) 서울남부지방법원 2014.10.15 2014가단213213

보험금

Text

1. The Defendant Han Han Life Insurance Co., Ltd.: KRW 70,000,000 and its amount from February 14, 2014 to April 29, 2014 to the Plaintiff.

Reasons

1. Facts of premise;

A. On July 19, 2013, C entered into a non-dividend smart integrated insurance contract (second-class basic Plus type standard body) (hereinafter “instant insurance contract”) containing the content that the insured is paid KRW 90 million in total in case of death of C due to a traffic accident between C and the Defendant Han Korean Life Insurance Co., Ltd. (hereinafter “Defendant Han Korean Life Insurance”).

B. C, around November 29, 2013, around 08:45, 2013, 08:45, on board and driving a motor vehicle under the Namyang-ro, Chosung-si, the Postal Eup, and died in the southyang.

The above accident is a traffic accident subject to insurance money under the insurance contract of this case.

C. On January 13, 2014, the Plaintiff and D, the inheritor of the Deceased, reported the inheritance limited acceptance by the Daejeon Family Court as the Seosan Branch of the Daejeon Family Court 2014Ra13, and the said report on the qualified acceptance was accepted on February 12, 2014.

On the other hand, on December 16, 2013, Defendant B, a creditor of the Deceased, obtained an execution clause for succession to the Plaintiff and D, the inheritor, as the executory deed No. 565 of the No. 565 of the No. 2013, which had been executed by a notary public on December 16, 2013, as to the No. 2013, and accordingly, Seoul Southern District Court Decision 2013TTB issued a claim amounting to KRW 70,000,000, out of the claim amount of the death insurance in relation to the insurance contract of this case, the Plaintiff filed an application for the seizure and collection order against the Plaintiff and the third obligor for the claim amounting to KRW 70,00,000 among the claim amount of the death insurance in relation to the insurance contract of this case, and received the seizure and collection order from the above court on December 26, 2013, and the above seizure and collection order was served on the Defendant Korea Life Insurance on December 31, 2013.

E. On January 20, 2014, the Plaintiff claimed KRW 90,000,000 of the instant insurance money to the Defendant Hanhan Life Insurance, but the Defendant Han Han Life Insurance was served with the above claim attachment and collection order.