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(영문) 제주지방법원 2016.06.14 2015가단52298
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C A. On April 23, 2012, as an inheritor, died after being left behind D, Plaintiff, and E, the spouse of the Defendant and his/her children.

B. Around June 2013, the above co-inheritors held an inheritance agreement or division with the purport that “F land and buildings located in F, G, H, I, J, and K located in F at the time of leisure, as the Defendant’s sole ownership, and the remaining inheritors waive inheritance.” Accordingly, the Defendant completed the registration of ownership transfer on August 5, 2013 as to each of the above real estate by agreement or division.

C. Meanwhile, the remaining co-inheritors except the Defendant issued a certificate of personal seal impression, etc. to the Defendant so that C may receive all insurance proceeds related to the insurance purchased by C after the death of C. Accordingly, the Defendant received KRW 140,939,027 from the Korea Life Insurance Co., Ltd., KRW 9,776,781, KRW 56,256,480 from the Korea Life Insurance Co., Ltd., and KRW 56,256,480 from the Korea Life Insurance Co., Ltd., and KRW 162,585,90 from the Korea Life Insurance Co., Ltd., and KRW 4,191,811 from the Korea Life Insurance Co., Ltd., and KRW 30,000,000 from the Korea Life Insurance Co., Ltd., Ltd.

【In the absence of any dispute over the grounds for recognition, Gap evidence 1 through 4, Eul evidence 6, Eul evidence 1, Eul evidence 8, Eul evidence 10 to 12, and the result of each fact inquiry and the whole purport of arguments in relation to the KDB Life Insurance Co., Ltd. and the KB Damage Insurance Co., Ltd. and the KB Damage Insurance Co., Ltd.

2. Determination as to the cause of action

A. The Plaintiff’s assertion is the cause of the instant claim, and the Defendant did not pay the insurance money received from the Plaintiff after receiving documents necessary for receiving the insurance money from the Plaintiff on behalf of the Plaintiff. As such, the Defendant did not pay the Plaintiff the insurance money 140,939,027 of the Korea Life Insurance Co., Ltd. designated as the beneficiary and the remainder of the company.

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