(영문) 서울중앙지방법원 2015.10.15 2013가단288870

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(영문) 서울중앙지방법원 2015.10.15 2013가단288870

보험금

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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Around September 23, 2011, D, an insurance solicitor of the Defendant based on the facts, concluded the network E (hereinafter “the instant insurance contract”) with the Defendant as an insurance policyholder and the insured; the deceased’s death as an insured event; and the beneficiary’s legal heir of the deceased’s insurance amount of KRW 90,000,000 (hereinafter “the instant insurance contract”).

D entered into the instant insurance contract, and entered the signature of the deceased’s name and “F” in the policyholder’s signature column.

On July 21, 2012, the Deceased died with an Ambassador No. 05:55 on July 21, 2012.

The Plaintiffs, the inheritor of the Deceased, filed a claim with the Defendant for payment of KRW 90,000,000 of the insurance money in accordance with the instant insurance contract. However, around April 26, 2013, the Defendant sent a content-certified mail to the effect that the instant insurance contract is substantially another person’s life insurance contract and null and void without the written consent of the Deceased, the insured at the

【Ground of recognition】 The fact that there is no dispute, Gap 1 through 5, Eul 1, Eul 2, witness D, the whole purport of pleading

2. The assertion and judgment

A. 1) At the time of entering into the instant insurance contract, D entered into the instant insurance contract with the consent of the deceased on the conclusion of the instant insurance contract, and the instant insurance contract is valid. As such, the Defendant is obligated to pay the insurance proceeds pursuant to the Plaintiff’s inheritance shares (Plaintiff A3/7, Plaintiff B, and each Plaintiff 2/7) and damages for delay from April 8, 2013. 2) The Defendant’s assertion that the instant insurance contract is based on D’s life insurance contract with another person’s life without the consent of the deceased, and thus, the signature written in the letter of self-written signature of the instant insurance contract is not the deceased, but the signature written in the letter of self-written signature of the instant insurance contract is null and void due to the lack of the written consent of the deceased who is the insured pursuant to Article 73

B. Determination 1 of the instant insurance contract

참조조문

-상법 제731조 제1항

유사 판례

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