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(영문) 의정부지방법원 2014.12.09 2014가단24464
보험금지급청구권 부존재확인
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 17, 2005, D entered into an insurance contract with Samsung Life Insurance Co., Ltd. with the main insured as D, the beneficiary D, the beneficiary of injury, the heir of the beneficiary of death, and the insured who paid a certain amount of insurance money to the beneficiary of the injury and the beneficiary of the death. On April 19, 2006, D reported the marriage with the Defendant on April 19, 2006, and entered into a contract to change the beneficiary of death from the heir to the Defendant (hereinafter “instant insurance contract”).

B. After that, D, on April 11, 2014, is a divorce between the Defendant and the Defendant. Since April 30, 2014, D was diagnosed with pulmonary tuberculosis and was killed on May 27, 2014 due to the aggravation of pulmonary Tuberculosis, and as an inheritor, the Plaintiffs, who were the Plaintiffs.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Gap evidence 4 or 7, and the purport of whole pleading

2. The parties' assertion

A. The Plaintiff asserts that, before the death of the deceased, the marital relationship with the Defendant was in distress, and the health of the deceased rapidly disappeared after the agreement with the Defendant, and died without completing the procedure to change the beneficiary of the death insurance of this case from the Defendant to the heir, so no longer there is no reason to regard the beneficiary of the death insurance of this case as the beneficiary of the death insurance of this case, and that it is impossible for the Defendant to receive the death insurance of this case by social norms, and therefore, the Defendant’s claim for the death insurance of this case under the instant insurance contract is nonexistent.

B. As to this, the defendant decided to live in a salary class where the deceased and the defendant are living in the future, and the defendant first finds out the settlement money for return to farming in the salary-gun in order to get off the base due to import relations, and if there is no spouse, a report on the move-in of the family register is made only by the principal, but if there is a spouse, all of the married couple shall make a resident registration in the Salary-gun.

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