logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
청주지방법원 2018.12.19 2018나7420
부당이득금
Text

1. Revocation of the first instance judgment.

2. The defendant transfers his bonds listed in the attached list to the plaintiff, and C.

Reasons

1. Basic facts

A. 1) The Plaintiff is the deceased D (hereinafter “the deceased”).

[2] The deceased’s sole heir D, who was his spouse, was divorced on July 24, 1995. The Defendant liveded with the deceased from around 2009, but was already liquidated at the time when the deceased died as described in the following sub-paragraph (c).

B. On June 29, 2009, the Deceased entered into a F Contract with C Co., Ltd. (former G Co., Ltd.; hereinafter “C”) from June 29, 2009 to June 29, 2061: 10 years of age: Maturity; 100 years of age: beneficiary at the time of death; Defendant, beneficiary at the time of maturity: 210,000 won of basic insurance premium: D, monthly basic insurance premium; 210,000 won: Securities No. E (hereinafter “this case’s insurance contract”).

C. The Deceased died on October 8, 2017 while administering a chronic kidne disease during the foregoing insurance period.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 4 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion 1) On October 8, 2017, the Defendant, a beneficiary of C under the insurance contract of this case, died during a chronic kidne disease on October 8, 2017, is entitled to the insurance claim indicated in the separate sheet against C on the same day (hereinafter “instant insurance claim”).

The Defendant acquired the beneficiary on the same day, regardless of the consent of the Defendant, regardless of whether the Defendant did not consent. Furthermore, even if the Defendant’s consent is necessary, the Defendant expressed his/her consent to the change of the beneficiary, and thus, the Defendant should be seen as having expressed his/her consent to the change of the beneficiary. 2) Accordingly, the Plaintiff and the Defendant expressed his/her consent to the change of the beneficiary.