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(영문) 인천지방법원 부천지원 2018.08.29 2017가합703
명도소송 및 보험료환수소불법대출금반환
Text

1. The defendant shall be the plaintiff.

A. It was signed on June 30, 2008 between the Defendant and Hyundai Marine Fire Insurance Co., Ltd.

Reasons

On June 30, 2008, the Plaintiff entered into an insurance contract on the attached list (hereinafter “instant insurance contract”) with Hyundai Marine Fire Insurance Co., Ltd. (hereinafter “Modern Sea”) and the Defendant’s name with the insured and beneficiary as the Plaintiff.

Under the instant insurance contract, the name of the beneficiary was changed from the Plaintiff on May 17, 2010 to the Defendant.

When the Plaintiff was hospitalized on August 17, 2010 after receiving a diagnosis of brain death, the Defendant received insurance money as specified in the following table as a beneficiary of the instant insurance contract, and received insurance money of KRW 83,410 for medical expenses for disease patients on May 10, 2017.

The amount paid as of December 20, 201 7,779,300 on December 20, 2011; 2,347,64,560 on March 3, 2011; 2,347,650 on April 25, 2011; 2,300,9105 on April 25, 2011; 36,4106 on May 17, 2011; 207, 207; 353,90 on July 11, 2011; 207, the Defendant transferred insurance proceeds to the Plaintiff under the name of the Plaintiff’s insurance contract; 353,720 on August 1, 19, 201; 40 on May 17, 207, 207, the Defendant received the said amount from the Plaintiff’s account under the name of the Plaintiff’s name of the Plaintiff.

(hereinafter “instant insurance proceeds”). On August 22, 2017, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff demanded the Defendant to change the name of the policyholder and the beneficiary of the instant case to the Plaintiff, and that the Defendant return the Plaintiff’s insurance proceeds received.

[Ground for Recognition: The Plaintiff’s assertion on the ground of claim as to the absence of dispute, Gap’s evidence Nos. 1, 2, 4, and 6, and the result of fact-finding on the modern sea] The Plaintiff concluded the instant insurance contract by lending the name of the Defendant to the insured and the beneficiary as the Plaintiff. On August 2010, the Defendant changed the beneficiary’s name without title to the Defendant, and did not pay the Plaintiff after receiving the insurance money.

The Plaintiff is the policyholder of the instant insurance contract and the Defendant.

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