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(영문) 서울동부지방법원 2019.09.19 2018가단100855
기타(금전)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the mother of the deceased C (hereinafter “the deceased”). The Defendant is the deceased’s spouse, and the deceased died on July 21, 2017.

B. The Plaintiff, on September 5, 2007, purchased the insured as the deceased and the beneficiary as the Plaintiff, “E,” and on March 23, 2008, subscribed respectively to FF.

C. On September 12, 2017, the Plaintiff, along with the Defendant, prepared a written claim for insurance money for the claim of insurance money under each of the above insurance contracts with the Defendant, entered the Defendant’s account number in the deposit account, and signed and sealed the Plaintiff.

D Co., Ltd. paid KRW 100,267,296 in total amount of insurance money under each of the above insurance contracts on September 26, 2017 (i.e. insurance KRW 50,127,996 F insurance KRW 50,139,300, hereinafter “instant insurance money”).

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including each number), and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the plaintiff had the insurance money of this case paid to the defendant as the defendant's account and had the defendant keep the insurance money in custody. Thus, the defendant asserts that the defendant is obligated to return the above insurance money to the plaintiff. Accordingly, the defendant is against the defendant's donation by allowing the plaintiff to receive the insurance money

B. The issue is whether the Plaintiff and the Defendant intended to designate the Defendant’s account as the Defendant’s account in the process of receiving the instant insurance proceeds is whether it ultimately intends to vest the Defendant’s insurance proceeds. The following circumstances, i.e., the Defendant’s bank account number is indicated in the Defendant’s bank account column, i.e., the Plaintiff’s signature and seal on the receipt of the insurance proceeds, i., the Plaintiff’s bank account number is indicated in the Defendant’s bank account column, i.e., the Plaintiff’s signature and seal on the receipt of the insurance proceeds, and ii) in the currency with the Defendant.

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