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(영문) 대구지방법원 2017.04.28 2016가단16792
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant married in 2002 and married between them in 2004, and maintained a de facto marriage relationship from then to May 2015.

B. On October 10, 2008, the Plaintiff purchased an insurance policy with the policyholder, beneficiary of maturity, and the insured as the Plaintiff, and transferred the insurance premium to the automatic transfer from the Daegu bank account (C) in its name.

C. On September 24, 2013, the Plaintiff and the Defendant changed the name of the contractor and beneficiary of the said insurance contract to the Defendant, transferred the premium to automatic transfer from the local agricultural bank account (D) in the name of the Defendant, and transferred the premium to the automatic transfer from October 5, 2015 to the Plaintiff’s Daegu Bank account (F) in the name of the Plaintiff.

The defendant terminated the above insurance contract on April 1, 2016 and was refunded KRW 4,680,270.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff changed the name of the contractor and beneficiary of the above insurance contract to the defendant due to the plaintiff's personal circumstances. When the de facto marital relationship between the plaintiff and the defendant terminated the above insurance contract at will without returning the above name to the plaintiff, and the defendant suffered losses not to receive the insurance amount of KRW 50 million which the plaintiff can receive at the maturity of the above insurance contract or at the time of the occurrence of the insurance accident (disease).

The defendant asserts that the plaintiff changed the name of the policyholder, etc. of the above insurance contract to the defendant and transferred the right to dispose of the insurance contract to the defendant, and the defendant terminated the above insurance contract as there is no need to maintain insurance, and that there was no need to pay the child support and living expenses agreed by the plaintiff to cover the child support, etc.

B. First of all, the judgment 1 reveals the following facts: (a) whether the Plaintiff borrowed the above insurance contract from the Defendant in the name of the contractor, etc.; and (b) whether the above recognition was given.

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