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(영문) 서울북부지방법원 2016.11.30 2016가합1346
계약자명의변경절차 이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On November 4, 2005, the Plaintiff asked the Plaintiff to enter into an insurance contract with the insured and the policyholder, and on November 4, 2005, the Plaintiff entered into an insurance contract with the Defendant as the insured and the policyholder B (hereinafter “instant insurance contract”).

However, since the actual contract owner of the instant insurance contract, such as the Plaintiff’s payment of insurance premium through B, etc., is the Plaintiff, the Defendant is obligated to implement the procedure for changing the name of the policyholder of the instant insurance contract.

B. The obligee B, the nominal owner of the instant insurance contract, received a seizure and collection order on the rights under the instant insurance contract, and served the said order on the Defendant, the garnishee. However, even if B consented to the change of the contractor of the instant insurance contract, the Defendant’s implementation of the procedures for changing the contractor of the instant insurance contract was a dispositive act contrary to the above seizure order, and thus, cannot comply with the instant claim.

2. Comprehensively taking account of the overall purport of Gap evidence No. 1, Eul evidence No. 1, Eul evidence Nos. 1, 2, and 3 as to the cause of the claim and the whole arguments, the plaintiff entered into the insurance contract of this case with the defendant around November 14, 2005 with the beneficiary, beneficiary, and policyholder as the plaintiff, and entered into an agreement to change the beneficiary, beneficiary, and contractor B around December 28, 2005, and the trustee in bankruptcy of the savings bank of the bankrupt bank of the Seoul Northern District Court (Seoul Northern District Court 2013TTT 23868) on December 27, 2013, the trustee in bankruptcy of the savings bank of the bankrupt bank of the bankrupt bank of the Seoul Northern District Court (Seoul Northern District Court 2013TTT 23868) against the defendant who is a third debtor under the insurance contract of this case.

2. A garnishee shall not pay for any above-mentioned claim to the debtor;

3. The debtor shall pay the above claim.

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