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1. The Defendant against the Plaintiff A: KRW 57,142,85, and KRW 57,142,857, respectively, and each of the said money to the Plaintiff B and C, respectively.
Reasons
1. Facts of recognition;
A. As an elevator installation and defect repair company, the Defendant Company entered into a new group accident insurance contract between Samsung Fire Marine Insurance Co., Ltd. and five employees, including D, the insured, the beneficiary, the Defendant, and the insurance proceeds at the time of the death of the insured (hereinafter “instant insurance contract”).
Around that time, the Defendant was submitted a written consent to the designation of the beneficiary (No. 3) to five insured workers, including D, to the effect that he/she consented to the designation of the beneficiary as the defendant.
B. When the Defendant paid D benefits to D on February 2014, the Defendant deducted KRW 288,000 from the insurance premium of the instant insurance contract for one year from March 2014.
(c) On April 4, 2014, D The same month in which an accident occurred while performing elevator repair work (abrupting work) on the second floor underground in the National University Hospital Hospital Hospital;
8. Death. D.
Samsung Fire & Marine Insurance Co., Ltd. paid KRW 200 million of insurance money to the Defendant as an insured event under the insurance contract of this case on October 29, 2014.
E. The deceased D’s heir has the Plaintiff B and C, who is his wife, and the Defendant rejected the Plaintiffs’ repeated request for the payment of the insurance money every time on the grounds that the Defendant was the beneficiary of the instant insurance contract and obtained the consent of the beneficiary from D.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. The key issue of the instant case is whether the Defendant is designated as the beneficiary of the instant insurance contract, and the consent letter of designation of the beneficiary was obtained from D, and whether the Defendant is deemed as the subject of the ownership of the insurance proceeds in relation to the network D or its heir.
Although the Defendant was designated as the beneficiary of the instant insurance contract and received a written consent from D, the insurance premium of the instant insurance contract was paid from D, death, etc.