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The judgment of the first instance court is modified as follows.
A. Based on the plaintiffs' preliminary claim, the defendant 35.
Reasons
1. Basic facts
A. The plaintiff A is the spouse of the deceased J (hereinafter "the deceased"), and the plaintiff B, C, D, and E are the children of the deceased.
B. At the time of the death of the deceased, the deceased was serving in the “K” as the representative of the Defendant Intervenor I (the representative of the Defendant Intervenor I or the Defendant Intervenor H in fact). On May 20, 2016, the Defendant Intervenor I entered into an “L” organization insurance contract with the Defendant with the content that the insured would be paid to the beneficiary when the insured died during the insurance period as an insured person’s accident (hereinafter “the instant insurance contract”).
(c)
On November 5, 2017, the Deceased died of an accident during the course of Otoba (hereinafter “the instant insurance accident”) regardless of his/her duties on November 5, 2017 during the insurance period of the instant insurance contract, and the Plaintiff A inherited the Deceased with his/her respective shares of 3/11 and 2/11.
(d)
Insurance proceeds of disaster death under the insurance contract of this case concerning the insurance accident of this case (hereinafter "insurance proceeds of this case") are as follows.
1) Insurance proceeds of death from an accident: 40,000,000 Won 2) Special Agreement on Injury Guarantee G (Undividend) : 30,000,000 Won 3: Total sum of KRW 60,000: KRW 130,000 in the Special Agreement on Injury Guarantee G (Undividend Dividends) : The fact that there is no dispute over KRW 130,000 [Grounds for Recognition], each entry in Gap evidence 1 through 6 (including various numbers; hereinafter the same shall apply), the purport of the whole pleadings and arguments
2. The parties' assertion
A. (1) The company is a person who has a contractual interest under the group insurance contract which causes the primary claim.
In the case of an accident outside of work, the final subject of the insurance proceeds shall be the insured's surviving family members, and the defendant did not obtain the written consent of the deceased in relation to the beneficiary of the insurance contract of this case.
Accordingly, the plaintiffs, who are inheritances of the deceased, have the right to directly claim the insurance money of this case against the defendant.