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(영문) 울산지방법원 2015.01.22 2014가합2347
양수금
Text

1. In the independent party intervenor's claim against the plaintiff, defendant K non-life insurance company, interest country life insurance company, etc.

Reasons

1. Basic facts

A. The parties’ relevant net C died on March 4, 2013. The Plaintiff is an external third village of the deceased. Although the Intervenor did not report the marriage with D, he/she was registered as the father of the deceased on the family relations register but the Defendants concluded an insurance contract or deposit claim contract with the deceased.

B. (1) The Deceased concluded an insurance contract with the following content between the Defendant KDB Bio-resources, interesting country bio-resources, and oriental medicine bio-resources as the insured.

On February 11, 2012, an insurance company's subscription details as of the date of entering into a contract of the insurance company (the insurance company's subscription) is a beneficiary of insurance money (the insurance proceeds) 30 million won (the insurance proceeds) with the purchase of subordinated bonds of KRW 50 million at par value 10 million from the Defendant National Bank on November 24, 2008, the aggregate of interest of KRW 200 million on May 24, 2009, when the main contract (the insurance proceeds) was entered into on March 7, 2006, and KRW 50 million on March 7, 2006 (the insurance proceeds) with the special agreement for the death of the legal heir's traffic accident, and KRW 30 million (2) with the special agreement for the death of the legal heir's 50 million (the insurance proceeds) 30 million (the total interest of KRW 10 million at par value 10 million).

C. (1) The Deceased reported the marriage on December 3, 2010 to E and E, and on March 4, 2013, around 23:00 for the purpose of receiving insurance money, the Deceased fell into the sea on the vehicles on which the Deceased was on board at the Funch of Busan Shipping Daegu, Busan, and died on the same day.

(2) After that, E was indicted as charged of murdering the Deceased, and was sentenced to imprisonment with prison labor for 23 years at the Busan High Court on March 19, 2014. On June 12, 2014, E’s appeal was dismissed, and the judgment became final and conclusive.

On March 31, 2014, after the death of the deceased who entered into a contract for acquisition of claims, the intervenor, as the inheritor of the deceased, has against the Defendants as the plaintiff.

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