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(영문) 서울동부지방법원 2020.01.31 2018나28268
부당이득금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff (appointed party) corresponding to the amount ordered to be paid below.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus cite it as it is in accordance with the main sentence of Article 420 of the

2. Since the Plaintiff’s assertionF died from a disaster outside of work, the Plaintiff and the designated parties are entitled to receive insurance proceeds under the instant group insurance contract, and even if not, the Defendant would receive insurance proceeds from the networkF on May 2016 and pay them to the Plaintiff and the designated parties. As such, the Defendant should pay the unpaid insurance proceeds to the Plaintiff and the designated parties according to their respective inheritance shares.

3. Determination

A. In the case of group insurance, since there are no specific provisions in the relevant laws such as the Commercial Act with regard to the designation of a beneficiary, the policyholder may enter into an insurance contract for another person with the insured, a member of the organization, as the beneficiary of the insurance. The policyholder may enter into an insurance contract for one's own interest with the beneficiary of the insurance. Since the insurance contract for another person is a group insurance, it does not necessarily have to be an insurance contract for another person, the designation of the beneficiary as the beneficiary

(See Supreme Court Decision 2003Da60259 Decided April 27, 2006, etc.). However, in cases where a policyholder concludes an insurance contract with an insurance company with his/her employee, a beneficiary of an insurance, as a policyholder himself/herself, and the insured consents to designating a beneficiary of an insurance policy, the policyholder receives and holds the insurance proceeds if the insured event occurs due to an occupational accident, but the policyholder is not entitled to receive and hold the insurance proceeds if the insured event occurs due to an occupational accident, not a occupational accident, but to pay the insured or his/her bereaved family members.

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