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(영문) 수원지방법원 2018.08.09 2017가단515400
부당이득금
Text

1. The plaintiff's lawsuit against the defendant C shall be dismissed.

2. The plaintiff's life insurance company, and D

Reasons

1. Basic facts

A. The Plaintiff is a deceased E’s father (hereinafter “the deceased”), and Defendant C and D are the father’s children of the deceased.

B. B. Before the death of the Deceased, the Deceased concluded the Defendant Crown Life Insurance Co., Ltd. (hereinafter “Swelve Life Insurance”) and Non-Distribution Swelve Life Insurance Co., Ltd. (hereinafter “Swelve Life Insurance”).

(hereinafter “each of the instant insurance contracts”) C.

Around March 2015, the Deceased was diagnosed as an dexam and hospitalized at F Hospital on May 23, 2016. Around May 26, 2016, the Deceased filed a request to change the beneficiary of each of the instant insurance contracts to “legal heir” and the beneficiary was changed following the date.

(hereinafter referred to as “the change of the beneficiary of the instant case”).

The Deceased died on June 2, 2016, and the Plaintiff inherited the deceased’s property solely.

E. Meanwhile, around June 7, 2016, Defendant D withdrawn KRW 8,191,848 from the National Bank Account in the name of the Deceased.

F. Around June 17, 2016, Defendant C paid KRW 64,791,450,000 as total insurance money under each of the instant insurance contracts to Defendant C.

G. Before the death of the deceased, the Plaintiff died with the deceased at the Defendant D’s house. However, from July 26, 2016, the Plaintiff died with the husband who was divorced from the deceased and his father who was his father.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 4, Eul evidence 1 to 5, Eul's whole purport of pleading

2. A claim against the defendant prison life insurance or the defendant C;

A. The Plaintiff’s assertion 1’s change of the beneficiary of this case was made without the consent of the deceased, or even if consent was obtained, it is invalid that the deceased was made in a state where he had no mental capacity.

Therefore, the plaintiff, as the inheritor of the deceased, is the legitimate beneficiary of the insurance money, is the defendant prison life insurance.

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