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(영문) 대구지방법원 2018.08.24 2017가단125976
보험금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Plaintiff A is the husband of Nonparty F, and Plaintiff B, Plaintiff C, and Plaintiff D are children of Plaintiff B and F.

B. The said F died on July 16, 2017 while filing a divorce lawsuit against the Plaintiff A.

C. The aforesaid F subscribed to F’s Insurance Contract for Ethical Life (Insurance Certificate No. : G) and F’s Insurance for Ethical Life more than Ethical Distribution for Ethical Life (Insurance Certificate No. : H). On July 12, 2017, the beneficiary was omitted from the heir at the time of the death of the main insured of the aforesaid Insurance Contract (hereinafter “Insurance or Insurance Contract”).

After the death of the above F, Defendant E received KRW 120,567,963 from the insurance company for the death of a disaster resulting from the insurance of this case.

[Reasons for Recognition] Facts without dispute and the purport of whole pleading

2. Chief;

A. The primary claim that Plaintiff A paid the insurance premium of this case for ten (10) years. Since the Plaintiffs succeeded to the above F’s obligations, the Defendant is obligated to refund the insurance premium of this case to the Plaintiffs.

B. In light of the circumstances where the Defendant did not pay the insurance premium of the instant insurance, the said F shall be considered to have given the Defendant a donation of KRW 120,567,963 of the disaster death insurance premium due to the instant insurance, and the Plaintiffs were in violation of the right of forced inheritance due to such a donation.

Therefore, the defendant should pay the amount stated in the preliminary claim to the plaintiffs according to the plaintiff's claim for restitution of secured portion.

3. Determination

A. There is no evidence to prove the fact that the plaintiff A paid the insurance premium of this case for ten years, and since the accident death insurance claim based on the insurance of this case is an inherent right of the defendant who is a beneficiary, the plaintiffs who are the above F's successors do not have the right to claim the return of the insurance premium of this case.

2 The defendant's judgment on the ancillary claim is based on his own rights.

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