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Defendant:
A. Each of the plaintiffs 37,142,857 won and its 5% per annum from January 1, 2020 to October 21, 2020.
Reasons
1. The following facts can be acknowledged in full view of evidence Nos. 1 to 9, evidence Nos. 1 to 1, and evidence No. 2 and the purport of the whole pleadings.
The plaintiffs are the parents of E. 2) The intervenor married with E and thereafter F (G livelihood).
3) Around September 2010, Plaintiff B subscribed to “H insurance” with the Defendant as the insured, and the terms and conditions of the contract and coverage are as indicated in the attached insurance contract and coverage. B. Death of E and F. 1) On June 4, 2019, Plaintiff B: (a) driven a vehicle while driving the vehicle at a point of 65.6 km from the direction of the route of the Daejeon Highway Highway while driving the vehicle while driving the vehicle at a point of 65.6 km from around June 4, 2019.
(2) In the instant accident, E and F died. The I Hospital presumed that E died before June 4, 2019, and the J Hospital presumed that F died on or before June 4, 2019. The J Hospital presumed that F died on or before June 4, 2019. (3) The insurance money that the Defendant is to pay to the statutory heir upon the death of E is KRW 130 million in total.
2. The parties' assertion
A. The plaintiffs' assertion that E and F were presumed to have died at the same time in the accident of this case, and no inheritance has been achieved between the deceased. Thus, the plaintiffs and the intervenors are entitled to claim insurance money to the defendant as the beneficiary of the insurance of this case as legal heir of E.
B. In the Intervenor’s assertion, the Intervenor is entitled to claim insurance money to the Defendant as the beneficiary of the instant insurance as the legal heir, because the Intervenor died first, dies after the F, and the Intervenor succeeds F again, and the Intervenor succeeds F.
3. According to Article 30 of the Civil Act, where two or more persons die in the same danger, it shall be presumed that they died at the same time. This presumption is a legal presumption and is the same danger to reverse it.