보험금
All appeals are dismissed.
The costs of appeal are assessed against the Plaintiffs, including the part resulting from the supplementary participation.
The grounds of appeal are examined.
1.(a)
Life insurance is an insurance that covers the death, survival, death, and life of the insured (Article 730 of the Commercial Act), and there are cases where the content of the contract should be modified according to the circumstances of the policyholder in the life insurance contract which continues for a long time.
Where the consent of the insurer is stipulated in a life insurance contract as necessary to change the status of the policyholder, the status of the insurance contract may not be transferred by unilateral declaration of intention without the consent of the insurer.
The credit rating or debt performance ability of the policyholder is not only an important factor that forms the basis of the contract, but also the policyholder can designate and change the beneficiary.
(Article 733 of the Commercial Act). The written consent of the insured is required for the life insurance of another person whose policyholders and the insured are inconsistent.
(Article 731(1) and Article 734(2) of the Commercial Act can affect the change of the status of the policyholder, such as interests between the insured and the beneficiary, re-evaluation of the risks of the insured, maintenance of the insurance contract, etc.
For this reason, it can be said that the insurer's consent is required to change the status of policyholder in life insurance.
A testamentary gift is a sole act to give a donee a certain property free of charge by will, and the consent of an insurer is required even when transferring the status of a policyholder by testamentary gift.
The same shall also apply where a policyholder is not at issue due to the full payment of insurance premiums under an insurance contract.
An executor has the rights and duties to manage an asset which is the object of a testamentary gift, and to perform any act necessary for carrying out a will.
Even if an executor is obliged to transfer his status under an insurance contract with the approval of the insurer in accordance with the substance of testamentary gift, the status of the policyholder is not yet accepted by the insurer.