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(영문) 서울중앙지방법원 2017.06.20 2016가합574876
보험해지환급금청구
Text

1. The Defendant shall list the Plaintiff KRW 6,844,250,441 as well as the attached list from September 20, 2016 to September 22, 2016.

Reasons

1. Basic facts

A. The deceased G entered into each of the following insurance contracts with the Defendant (hereinafter “each of the instant insurance contracts”) and paid the pertinent insurance premium:

On January 30, 2008, the insurance premium for the beneficiary of the insured insured on the date of the contract is KRW 1.2 billion AG T&T Distribution Pension (Motype 1.2 billion) on January 12, 2009, KRW 12 billion on January 12, 2009. A G non-dividend 50 billion + Pension Policy Type 2 billion + A G M&T Type 3 billion on May 31, 2011, KRW 1 billion on May 31, 201, KRW 40 billion on November 9, 2012.

B. Each of the instant insurance contracts is an insurance that, in the event the insured dies within the insurance period prior to the commencement of the payment of pension, the beneficiary of the specified insurance premiums under the insurance contract is paid to the beneficiary, and the insured is alive at the time of the commencement of the payment of pension, according to the type of the annuity

C. Both A and the Intervenor: (a) on June 14, 2007, G drafted a testamentary document stating that “All of the legacy shall be bequeathed to A by universal title” (hereinafter “instant authentic document”). D.

G Deceased on May 30, 2016, and A died on January 20, 2017, and upon death on January 20, 2017, H, I, and J succeeded to A, the spouse of the Plaintiff, children of H, I, and J.

E. The Plaintiff, H, I, and J agreed on the Plaintiff’s sole inheritance of the claim for insurance money under each of the instant insurance contracts.

F. Meanwhile, A, upon cancelling each of the instant insurance contracts to the Defendant, requested the payment of a refund for termination, reached the Defendant around September 19, 2016, and arranged the refund for termination of each of the instant insurance contracts in the sequence as of September 19, 2016, as follows.

According to the terms and conditions of each insurance contract of this case, the agreement rate on the refund for termination is ① The period from the day following the day when the claim for the refund for termination is made until the day of payment (three business days from the day when the required documents are received at the time of filing the claim for the insurance

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