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(영문) 울산지방법원 2018.05.17 2017나2830
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. According to the written evidence Nos. 1 and 1 (including paper numbers; hereinafter the same shall apply), the Defendant’s name entered in each insurance payment certificate is deemed to be the same as that of the Defendant’s name and the body attached to the Defendant’s preparatory document as of January 10, 2018 submitted by the Defendant, and according to the written evidence Nos. 1 and 1, the Defendant agreed on February 18, 2013 to delegate all acts, including the payment of insurance money and the receipt of insurance proceeds, to the Plaintiff regarding the insurance contract with the Plaintiff and his/her children (hereinafter the “instant agreement”). The Defendant received insurance money of KRW 1,693,182 from the school life insurance company (hereinafter referred to as “Ganyang Life”) on March 3, 2015 with the maturity of D insurance contract, and paid KRW 7,00,000,000 to the Plaintiff on March 7, 2016, the Defendant paid KRW 308,81,207.

B. According to the above facts, the defendant is obligated to pay C insurance proceeds of KRW 1,890,880 to the plaintiff according to the agreement of this case, barring special circumstances.

(1) The defendant's assertion that the plaintiff's insurance money and the plaintiff's insurance money are merely an agreement on the use of the plaintiff's insurance money for their children. However, unlike the above argument, the insurance money payment certificate states that "the defendant shall delegate all acts related to the insurance money to the plaintiff and shall not participate in such acts." Thus, the defendant's argument

A. The Defendant asserts that the Plaintiff paid KRW 600,000 in total with respect to C insurance proceeds. Thus, according to the evidence No. 2, the Defendant received C’s insurance proceeds from school life, and the Plaintiff received the insurance proceeds from school life, and the same year as the Plaintiff on May 8, 2017.

6.5. and the same year;

7.5. Each of 200,000 won is recognized, and the defendant's above assertion is with merit.

(b) therefore.

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