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(영문) 인천지방법원부천지원 2016.07.07 2015가단116881
보험금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 24, 2005, the deceased C (hereinafter “the deceased”) entered into a life insurance contract with the non-party ASEAN Life Insurance Co., Ltd. (hereinafter “Non-party 1”) to receive KRW 50,000,000 of the insurance money when the insured died as the deceased’s heir, and entered into a life insurance contract with the non-party 10,000,000 won in addition, the insured amount was paid as KRW 100,00.

B. The plaintiff is the mother of the deceased and the defendant as the father of the deceased, who is a beneficiary of the insurance contract of this case as the legal inheritor of the deceased.

C. On July 30, 2013, the Deceased died due to suicide (hereinafter “instant accident”) from No. 102, 709, Dapo-si, Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “instant accident”).

On October 17, 2013, the Plaintiff and the Defendant prepared a written agreement on the division of inherited property (No. 1; hereinafter “instant agreement”) with the following content as of October 17, 2013, and affixed their seals on the side of their respective names.

In the inheritance commenced due to the death of the deceased on July 30, 2013, a co-inheritors A (hereinafter “Plaintiff”) and B (hereinafter “Defendant”) (hereinafter “Defendant”) shall consult on the division of inherited property, as follows:

1. Of the inherited property, No. 102, No. 709, of Kimpo-si D apartment is owned by the plaintiff.

The defendant of co-inheritors shall not inherit the above immovables.

2. Among inherited property, it shall belong to the plaintiff ; and

3. A claim for benefits following the deceased’s subscription to the National Pension Scheme and the beneficiary shall be the plaintiff, and the defendant shall cooperate with this.

4. A claim for insurance money or refund money for termination of various insurance contracts where the deceased is subscribed to as the insured, and the beneficiary is the defendant, and the plaintiff cooperates with it.

5. Any other content not entered in the agreement shall be divided by agreement among co-inheritors.

On October 17, 2013, A (person) B (person) of co-inheritors

E. The defendant = 150,000,000 won under the accident of this case in the non-party company.

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