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(영문) 서울고등법원 2014.11.27 2014나21917
보험금반환
Text

1. Based on the plaintiffs' appeal, the judgment of the first instance is modified as follows.

(1) The defendant shall make the plaintiff A 85,714.

Reasons

1. The summary of the case and the facts premised on the case

A. The summary of the case pertains to the case where: (a) the Plaintiffs: (b) concluded a group insurance contract with the Defendant as the insured who was an employee of the Defendant as the Defendant’s predecessor; (c) concluded a group insurance contract with the policyholder and the beneficiary as the Defendant; and (d) agreed to pay the insurance money under the group insurance contract to E or his bereaved family members; and (c) the Defendant claimed that the insurance premium was paid from the insurance company (200 million won) due to the occurrence of the occurrence of the insurance accident that occurred due to the non-business accident; and (d) filed a claim for delivery of the amount of the insurance money

The judgment of the court of first instance, on the ground that the insurance money received by the defendant should be deemed to have been divided between the bereaved family and the defendant, accepted part of the plaintiffs' claims and dismissed the remainder, and both the plaintiff and the defendant appealed against the part against which they lost (part of the plaintiffs).

B. The premise factual basis 【Evidence” 1-7, 12, 12-1, and 1-1 are as follows: (i) the Plaintiff is as E; (ii) the Plaintiff is as the child between the Plaintiff, B, and C; and (iii) the Defendant was in office of E.

⑵ 피고의 단체보험가입 ㈎ 피고는 2011. 2. 24. 한화생명보험㈜(이하, ‘한화생명’이라 한다)와 사이에 E을 비롯한 피고 직원을 피보험자, 피고를 보험계약자 겸 보험수익자로 하여 보험기간 중 피보험자에게 재해가 발생하고 피보험자가 그 재해를 직접적인 원인으로 사망하였을 경우에 한화생명이 보험수익자에게 사망보험금 2억 원을 지급하기로 하는 내용의 단체보험계약(상품명: 무배당기업복지라이프플랜보험)을 체결하였다.

㈏ 피고가 가입된...

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