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(영문) 서울고등법원 2020.06.04 2019나2045754
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff A, which orders payment below, shall be revoked.

Reasons

Basic Facts

The reasons for this part are as follows: “The results of the inquiry inquiry reply to E Co., Ltd.” in Section 7 to Section 8 of Section 3 of the judgment of the court of first instance shall be deemed as “the results of the inquiry inquiry reply to E Co., Ltd. by the court of first instance”; therefore, the reasoning of the judgment of the court of first instance is the same as the reasons for the judgment of the court of first instance. Therefore, it shall be cited including the abbreviation thereof pursuant

Plaintiff

In the case of an accident insurance for which death insurance money is paid when the insured dies as a result of the determination on the cause of the claim by A, it is reasonable to interpret that the purport of such designation includes the purport that the rate of the insurance claim to be acquired by the future heir shall be the share of the inheritance, unless there are special circumstances.

Therefore, in the event that there are several heirs who are beneficiaries, each inheritor can claim insurance money against the insurer to the extent that the share of inheritance is equivalent to his/her share of inheritance, unless there are special circumstances.

(2) On December 22, 2017, the Plaintiff, the spouse, upon the death of May 7, 2013, succeeded to the Deceased according to the inheritance shares of 3/5. In light of the above legal principles, KRW 114,073,429 (= KRW 190,122,382 x less than KRW 3/5, and less than KRW 3/5, and less than KRW 4837; hereinafter the same shall apply) out of the instant insurance money, should be attributed to A. (see, e.g., Supreme Court Decision 2015Da236820, 236820, and 236837.)

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