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(영문) 서울서부지방법원 2019.01.09 2017가단212616
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. 1) The deceased died on August 14, 2014. At the time of the death, the deceased and the Defendant and his children were married. 2) At the time of the death, the deceased owned each real estate listed in the separate sheet (hereinafter “each real estate of this case”) at the time of the death.

B. Around July 29, 2003, the Defendant entered into an insurance contract with D Co., Ltd. and the Insured as the Deceased, the beneficiary of the insurance, the Deceased’s death, the Deceased’s insurance premium as the case of hospitalization, and the insurance premium as the case of death or disability caused by a disaster at KRW 37,180 per month. 2) On January 30, 2008, the Defendant entered into an insurance contract with F Co., Ltd. and the Insured as the Deceased, and the beneficiary of the insurance premium as the Defendant and the Insured’s insurance premium as the Defendant and the beneficiary of the insurance premium as the amount of KRW 66,050 for cancer, etc. and received the insurance premium.

3) Around November 18, 2008, the Deceased concluded a H insurance contract with G Co., Ltd. and the insured as the Deceased, the beneficiary of the death insurance as the statutory inheritor, and the beneficiary of the death insurance as the Deceased, with the premium set at KRW 29,900 per month, and with the insured’s treatment or death of injury or disease. 4) On July 30, 2014, the Deceased concluded a J insurance contract with the beneficiary as the Deceased, setting the I Co., Ltd. and the insured as the Deceased’s monthly insurance premium at KRW 200,000,000.

C. After preparing the written agreement on the division of inherited property (No. 1) of this case, the date of preparation in the name of the Plaintiff and the Defendant was as of August 14, 2014, which was the date of the deceased’s death, and the following was prepared (Evidence No. 1).

(1) Each real estate listed in the separate sheet among inherited property shall belong to the defendant.

(2) All kinds of insurance proceeds, such as I, F, D, and G insurance proceeds, shall be owned by the defendant.

(3) The defendant's obligation to K Depository 52 million won shall be inherited and repaid.

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D. Each of the instant cases by the Defendant.

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