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(영문) 대구지방법원포항지원 2019.07.18 2018가단102735
공탁금 출급청구권 확인
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. C Co., Ltd. shall deposit 83,706,279 won as shown in the annexed sheet.

Reasons

1. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) died on October 28, 2017, as the child of the deceased (hereinafter “the deceased”). The deceased’s sole heir is the Defendant, and the Plaintiff is not a relative of the deceased.

The Deceased concluded, respectively, the G Co., Ltd. (hereinafter “this case”) and the beneficiary at the time of the disability of the insured and the maturity hospitalization as “the deceased,” and the beneficiary at the time of death as “he inheritor,” respectively, on October 31, 2006, and on April 20, 2015, G (securities No. H).

On November 2016, the deceased requested the change of the beneficiary to the plaintiff, not the heir, on each of the above insurance contracts. However, this insurance company allowed the change to the beneficiary only for the spouse and collateral blood relatives within the fourth degree of relationship based on internal criteria, so it was impossible for the deceased to change to the beneficiary.

However, on October 26, 2017, the deceased filed a civil petition against the fact that it is impossible for the insurance company to change the beneficiary of this case, and the insurance company requested the deceased to change the beneficiary to the plaintiff pursuant to Article 733(1) of the Commercial Act, but the deceased did not change the beneficiary of each insurance contract as of October 28, 2017.

On March 20, 2018, the Insurance Company deposited the deposited amount of KRW 83,706,279 in the sum of each of the above insurance proceeds to the Plaintiff Defendant as shown in the attached Form, and the main contents of the “fact of the cause of deposit” are as follows.

[Ground] Facts without dispute, Gap evidence 1, Eul evidence Nos. 6-8 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the main claim

A. On October 2016 and October 26, 2017, the Deceased, the cause of the claim, applying for the change of the beneficiary at the time of death under each of the above insurance contracts to the Plaintiff, and the time of the death of each of the above insurance contracts pursuant to Article 733(1) of the Commercial Act.

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