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(영문) 서울중앙지방법원 2016.01.15 2015가단5321042
보험금
Text

1. The claim of this case is dismissed.

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

Reasons

1. Basic facts

A. B and the Defendant concluded an insurance contract with the following contents on December 13, 2002.

Securities No. C Insurance No. : Insurance coverage period of non-dividendd Selective and New Insured: At the time of the death of the insured, the beneficiary of the life-long insured: A legal heir: Payment of KRW 40 million when the death of the insured of the State:

B. However, on December 15, 2014, among the terms and conditions of the instant insurance contract, “the beneficiary at the time of the death of the insured” was changed from “legal inheritor to “the Plaintiff” (the first change), and on July 17, 2015, from “Plaintiff” to “E” that resulted in B’s change from “the Plaintiff” to “E” before divorce (the second change).

C. B died at work on July 24, 2015.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, 3, Eul evidence 1-2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The main point of the argument is that the second change of the beneficiary at the time of death is not made by the intention of B, and thus, the plaintiff is still a beneficiary of the death insurance.

On the other hand, the defendant asserts that the second change of the beneficiary at the time of death was made by the intention of B, and the plaintiff is no longer a beneficiary.

B. According to the testimony of F of the judgment witness F, on July 17, 2015, the Defendant’s employee F of F, who directly visited the Defendant’s wheeler with the electric wheeler D, etc., and directly visited the Defendant’s employee F of F, upon receipt of the application document, requested the change of beneficiary, the F, after receipt of the application document, explain the change of beneficiary B to B, and whether the content is met, B, who attempted to write his/her signature on the “application for change of the name of the insurance contract” in subparagraph 1-1 of B and the “written consent for change of the beneficiary’s name,” but it is difficult to confirm the body due to lack of difficulty in hand, and D, who sited with F’s order, signed his/her own hand with B’s hand, and thereafter, F k’s hand.

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