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1. Of the instant lawsuit, the part concerning the claim for confirmation of cancellation of the insurance contract as stated in the attached Table No. 2 shall be dismissed.
Reasons
1. Basic facts
A. On November 23, 2012 between Defendant B Co., Ltd. (hereinafter “Defendant B”), the deceased F Co., Ltd. (hereinafter “the deceased”) entered into the pension insurance contract listed in the attached Table No. 2 (hereinafter “instant pension insurance”); on April 10, 2014, the pension insurance contract listed in the attached Table No. 1 (hereinafter “instant pension insurance”); on May 2, 2014, the beneficiary of the instant pension No. 1 was changed to the Plaintiff (the former name: G); and on September 30, 2016, the beneficiary of the instant pension No. 2 insurance was changed to the Plaintiff, and the deceased beneficiary was changed to the heir, respectively.
B. Article 29(1) and (2) of the terms and conditions of the instant pension insurance, Article 8(1) and (2) of the instant pension insurance provides that “The contractor may terminate the contract at any time before the termination of the contract, but shall obtain the consent of the beneficiary if the contract is terminated after the commencement of the payment of pension.”
C. Each of the instant pension insurance: (1) The insured (the Plaintiff 1’s pension insurance in the instant case, the Plaintiff 2’s pension insurance in the instant case, the Deceased’s H), shall pay a certain amount of monthly pension to the beneficiary when he is alive; and (2) the sum of KRW 10,000,000 (the case of the instant first pension insurance contract) to the statutory heir at the time of the death of the insured (the case of the instant second pension insurance contract) or KRW 30,000,000 (the case of the instant second pension insurance contract) and the legal liability reserve at the time of death is paid; and (3) the insured pays the amount of the annuity contract to the beneficiary at the time of
On January 13, 2017, the Deceased died, and Defendant C, D, and E inherited the Deceased, who is his/her child, and on May 4, 2017, Defendant C, D, and E terminated each of the instant pension insurance and received KRW 377,439,232 from the Defendant B totaling the termination refund.
[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 5, Eul evidence 1, 2, 3, 3.