logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.05.31 2016나6241
보험금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 29, 1985, the Plaintiff entered into an insurance contract between the Defendant and Nonparty B, the husband of which, at the time, made Nonparty B and the insured as C (hereinafter “instant insurance contract”) and paid the premium during the insurance premium payment period in accordance with the instant insurance contract.

1. Policyholders: B;

1. Insured: C;

1. Insurance period: Religious from January 1, 1985;

1. Payment period of insurance premiums: From January 1, 1985 to December 2001 (204);

1. Monthly insurance premium: 24,550 won;

B. The Plaintiff received a provisional disposition order against the Defendant under B, the Defendant, and the third obligor, as the Defendant, on the insurance money in relation to the instant insurance (hereinafter “instant provisional disposition order”), with the Jeonju District Court’s Gunsan Branch 2002Kadan2803, and the said order was served on B and the Defendant around that time.

The debtor shall not claim the same insurance money or receive the insurance money to a third party debtor on the basis of the insurance policy under the insurance contract of this case issued by the third party debtor.

The garnishee shall not pay insurance money to the debtor based on the above insurance policy.

C. On September 12, 2002, the Plaintiff filed a lawsuit against B to implement the procedure to change the name of the policyholder of the instant insurance as the above court 2002Gahap1088, and was sentenced to the Plaintiff’s winning judgment (hereinafter “instant judgment”), and the said judgment became final and conclusive around that time.

B terminated the instant insurance on March 27, 2015, and on April 10, 2015, the Defendant paid the cancellation refund of the instant insurance to the Gangwon Tax Secretary who attached claims against the Defendant, such as the cancellation refund, etc. of the instant insurance.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, 12, 13 evidence, Eul evidence 1 to 6 (if any, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

arrow