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(영문) 서울고등법원 2014.12.17 2013나49956
기타(금전)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. 1) The Plaintiff is married with the deceased C, and D, the Defendant, and the deceased E (hereinafter “the deceased”).

(2) On February 2010, the Deceased was diagnosed as dead cancer and received treatment on March 8, 2010. On November 29, 2011, the Deceased died from a multi-growth donation due to lung cancer. On October 18, 1998, the Deceased died with no unmarried child, and the deceased died on October 18, 1998, and became a sole heir of the Deceased.

B. 1) The Deceased’s life insurance company and private annuity savings 21C-based pension insurance contract (hereinafter “No. 1 insurance”) are changed, etc.

B) B. Korea-U.S. Insurance Co., Ltd. and Non-Distributioned A.S. Insurance Co., Ltd. (hereinafter referred to as “B Insurance”)

(3) The Korea Life Insurance Co., Ltd. and Radam Insurance Co., Ltd. (hereinafter “No. 3 Insurance”)

3) The Plaintiff’s exercise of contractual rights on a daily basis (hereinafter “No. 4 insurance”)

In concluding each contract, the deceased did not specifically designate a beneficiary at each time of death, but did not designate a beneficiary as a legal inheritor at each time of death. 2) However, on May 3, 2010, the deceased changed the beneficiary from “legal inheritor” to “the defendant.” On October 10, 2011, the deceased and the Defendant visited the beneficiary of the first insurance to “legal inheritor” from “the defendant” to “the beneficiary of the second insurance from “legal inheritor” to “the beneficiary of the second insurance from “legal inheritor” to “the beneficiary of the second insurance from “legal inheritor” to “the beneficiary of the second insurance from “legal inheritor.”

C. 1) On October 7, 2011, the Deceased visited Seongbuk-dong Branch of a New Bank, together with the Defendant, deposited KRW 19,951,476 from the “I” account in the name of the Deceased, KRW 50,051,03 from the “J” account, KRW 750,516 from the “K” account, KRW 751,410 from the “L” account, and KRW 751,41,504,405 from the “L” account, and deposited KRW 35,047,753 from among them in the name of the Deceased on the same day.

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