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(영문) 서울중앙지방법원 2017.05.16 2016가단5071603
보험금
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

1. Basic facts

A. On October 10, 2002, B, as the Plaintiff’s father, concluded a long-term indemnity insurance contract with the Defendant (hereinafter “instant insurance contract”) on the following grounds: (a) the beneficiary of the insured B, the beneficiary of the death insurance money, and the beneficiary of the injury death insurance amount; (b) KRW 50 million; and (c) the long-term indemnity new driving insurance contract with the Defendant (hereinafter “instant insurance contract”).

B. According to the contract terms of the instant insurance contract (Evidence No. 2), the beneficiary of the death insurance was changed from August 11, 2003 to C, the plaintiff's assistance.

(A) there is a dispute between the parties as to whether the beneficiary has been effectively changed.

B served as the head of the Seo-gu Daejeon D Apartment Management Office and the head of the Ban, and was found on September 23, 2010 at around 05:25 on September 23, 2010 at the above apartment 203 underground facilities and the head of the Ban.

C filed a lawsuit against the Defendant on the claim for insurance money under the instant insurance contract with the Daejeon District Court 201Ga6769, and on October 11, 2011, the Defendant agreed to the effect that “the Defendant shall receive and terminate the claim for insurance money amounting to KRW 13 million,” and then withdrawn the said lawsuit around that time.

[Reasons for Recognition: Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 evidence, Eul 6, 7 evidence, Eul 1-6 evidence 14-, the purport of the whole pleadings]

2. The party's assertion and judgment

A. The Plaintiff’s assertion B did not suffer from a special disease at the time of death, resulting in a sudden and friendly accident.

Therefore, the defendant is liable to pay the insurance proceeds to the beneficiary of the death insurance contract of this case, and since the beneficiary of the death insurance is null and void since it is changed from the plaintiff to C, the defendant is primarily liable to pay the insurance proceeds to the plaintiff who is the beneficiary of the death insurance.

Preliminaryly, the defendant does not follow the lawful procedure, and is C's liability for damages caused by the changing beneficiary or insurance solicitor.

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