Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a policyholder, the insured, and the beneficiary of each insurance indicated in the separate sheet (hereinafter “each insurance of this case”), and the Defendant is a person who has been aware of it for a long time at the same four times as the Plaintiff.
In around 2014, the defendant borrowed the name of the business operator necessary for the management of the Chinese house from the plaintiff, and thereafter operated the Chinese house of "C" under the name of the plaintiff's business operator from that time.
B. On January 25, 2017, the Plaintiff and the Defendant visited D Co., Ltd. and its branch office E Co., Ltd. to change the name of the policyholder and beneficiary of each of the instant insurance into the Defendant.
C. On May 2017, the Defendant terminated each of the insurance listed in the separate sheet Nos. 1, 2, and 3 among the instant insurance contracts, and Paragraph 4 insurance listed in the separate sheet Nos. 4 around August 2017. Around that time, the Defendant was paid KRW 10,446,302 (Insurance listed in the separate sheet Nos. 1, 2, and 302: 8,359,522: 2,086,780) in the separate sheet No. 4 of the separate sheet No. 8,359,52.
[Ground of recognition] Gap evidence Nos. 1 (including paper numbers; hereinafter the same shall apply), Gap evidence Nos. 3, Eul evidence Nos. 1, each of the orders issued by this court to submit financial information to D and E Co., Ltd., the purport of the whole pleadings
2. Summary of the parties’ assertion
A. Plaintiff’s assertion 1: (a) around December 2016, the Defendant, who became aware of the fact, made an oral promise to the Plaintiff that “all policyholders and beneficiaries of each of the instant insurance covered in the name of the Plaintiff may enter into compulsory execution, such as seizure, etc., shall be changed to the name of the Defendant; and (b) it would at any time change the name of the policyholder and beneficiary of each of the instant insurance changed to the name of the Plaintiff without any condition.” As such, the Plaintiff made a verbal promise to the effect that “the policyholder and beneficiary of each of the instant insurance changed to the Defendant shall be changed to the name of the Plaintiff, without any condition, at any time, at around January 25, 2017.”