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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from October 25, 2017 to the day of full payment.
Reasons
1. Facts of recognition;
A. On January 29, 2016, B entered into a life insurance contract containing the following: (a) the Defendant and the insured; (b) the beneficiary was hospitalized in B; and (c) the time of death as the Plaintiff; and (d) the insured’s death, upon receiving KRW 40 million of the insurance money.
B. B died on September 21, 2017, as an abstract cancer.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff, a beneficiary, KRW 40 million due to the death of the insured, as well as damages for delay calculated at the rate of 15% per annum from October 25, 2017 to the date following the delivery of the copy of the instant complaint, as the Plaintiff seeks, as the payment date of the instant insurance proceeds.
In regard to this, the Defendant asserts that, by filing a civil petition with the Financial Supervisory Service that the deceased’s heir’s children, cannot be the beneficiary of the instant insurance proceeds, the Defendant cannot pay the instant insurance proceeds due to disputes between the deceased’s heir’s children and the Plaintiff regarding the right to insurance benefits. However, such reasons do not constitute a justifiable reason for refusing the Plaintiff’s claim.
3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.