(영문) 의정부지방법원고양지원 2015.11.13 2015가단80792

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(영문) 의정부지방법원고양지원 2015.11.13 2015가단80792

보험금

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1. The Defendant shall pay to the Plaintiff KRW 59,853,847 and the interest rate of KRW 15% per annum from October 17, 2015 to the day of full payment.

Reasons

1. Basic facts

A. A. Around June 8, 2011, B entered into an insurance contract with the Defendant (hereinafter “the instant pension insurance contract”) such as “B” as indicated in the [Attachment List. The content of the instant insurance contract is as follows: (a) in the form of “Immediate payment type” in which the monthly pension is to be paid for 100,000,000 won from the date of commencing the pension; (b) the starting date of the said contract is July 8, 201; (c) the maturity date is the date of maturity on June 7, 2021; (d) the beneficiary at maturity/old; (e) the beneficiary at maturity; and (e) the beneficiary at the time of death is the Plaintiff.

C. Subsequent B paid KRW 100,000,000 on June 8, 2011, and died on June 4, 2014 from July 9, 2011 when having received insurance proceeds.

On June 16, 2015, the Defendant filed an application for the payment of the instant insurance money as the heir C and D, a heir of B, and the Defendant paid KRW 59,853,847 upon termination of the said account.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1 to 5, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff designated the beneficiary of the mutual aid money upon the death of the deceased as the Plaintiff. As such, the Plaintiff asserted that the claim for the payment of the instant pension insurance money is the Plaintiff, and sought a lump-sum payment upon the termination of the insurance contract.

In this regard, the defendant asserts that the insurance money or lump-sum payment paid according to the instant pension insurance is characterized by the pension to be paid within the initial agreed period, and that even if the deceased died, the pension or lump-sum payment should be paid to the legal heir of B, who was the beneficiary who was originally paid the pension not the beneficiary of the deduction, and that there was no claim for the insurance money to the plaintiff designated as the beneficiary of the deduction at the time of death.

3. We examine the judgment.

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