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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On February 15, 2013, the network D concluded each insurance contract between Samsung Fire & Marine Insurance Co., Ltd. (hereinafter “Nonindicted Company”) and the insured as indicated in the separate sheet with the network D (hereinafter “each of the above insurance contracts”) (hereinafter collectively referred to as “each of the instant insurance contracts”). At the time of entering into each of the instant insurance contracts, the beneficiary of the insurance contract listed in the separate sheet No. 1 (hereinafter “instant No. 1 insurance contract”) was E, and the beneficiary of the insurance contract listed in the separate sheet No. 2 (hereinafter “instant No. 2 insurance contract”) was the Defendant.
B. On April 25, 2013, the deceased submitted to the non-party company a written claim for approval of change of beneficiary to the beneficiary of the death of the first insurance contract of this case. The non-party company consented to such change of beneficiary.
C. The deceased D was found to have died on or around January 9, 2016, and the Plaintiffs are inheritors and children of the deceased.
On the other hand, around March 2016, the defendant filed a lawsuit claiming insurance proceeds of KRW 240 million under each insurance contract of this case with the defendant against the non-party company as the defendant. The defendant filed a lawsuit claiming insurance proceeds of KRW 2016Gahap70997 under the insurance contract of this case.
However, the above court, on October 13, 2016, effective each of the instant insurance contracts, and confirmed that the defendant is the beneficiary of each of the instant insurance contracts, and that the defendant has the right to claim payment of each of the instant insurance contracts, respectively. The non-party company paid KRW 240 million to the defendant by October 31, 2016. If the non-party company delayed the payment of the aforementioned amount by the payment due date, it made a decision of recommending settlement with the content that the payment of the amount payable in addition to the damages for delay should be made. The decision became final and conclusive around that time.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, and Eul evidence 1 to 4 shall include the number.