The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff is a company that runs the damage insurance business.

B. On March 2014, the Plaintiff entered into an insurance contract entered into with Nonparty C with the content of the attached insurance contract (hereinafter “instant insurance contract”). On May 28, 2018, Nonparty C submitted to the Plaintiff an application to modify the contract to the effect that “other beneficiaries and deceased beneficiaries” are changed to the Defendant.

(c)

On the other hand, on November 20, 2018, the Defendant filed an insurance claim against the Plaintiff on the ground that the insured’s “serious disease, stimulative disease, stimulative disease, and maliban” of the insured D, but withdrawn the claim on the ground that the rehabilitation treatment of the insured D was not completed on December 2, 2020 during the instant lawsuit, and the disability was not finalized.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2 and 3 respectively, and the purport of the whole pleadings

2. Where the Plaintiff’s summary of the Plaintiff’s assertion transfers another person’s right to the insurance contract, which covers the death of another person as an insured accident, to a person who is not the insured, the insured’s consent should be obtained, and the Defendant acquires the status of the beneficiary of the instant insurance without obtaining the consent

Therefore, there is no obligation of the Plaintiff to pay insurance money to the Defendant on the premise that the Defendant was taking over the insurance contract of this case as an insured event (the Plaintiff initially asserted that the Defendant was not liable to pay insurance money to the Defendant as there is no evidence of the disability status of the insured D, but this part of the claim was withdrawn from the preparation document of January 12, 2021, which was after the Defendant withdrawn the claim against the Plaintiff). 3. In the insurance contract where the death of another person as an insured event is a judgment as an insured event, the consent of the other person in writing must be obtained at the time of entering into the insurance contract (Article 731(1) of the Commercial Act).