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(영문) 서울남부지방법원 2019.01.10 2018가단222819
배당변제청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Defendants’ summary of the Plaintiff’s assertion are the deceased’s inheritors, who are obligated to pay interest or delay damages for KRW 12,091,066 and KRW 12,089,731 within the scope of the property inherited from the deceased.

Due to the deceased’s traffic accident, the Defendants received insurance money of KRW 30 million from E, and this constitutes the deceased’s inherited property, and the Defendants should pay to the Plaintiff the money claimed within the amount inherited to the Plaintiff.

2. Determination:

A. The legal principle of automobile insurance is that the insurer is liable to pay death insurance money, injury insurance money, disability insurance money, etc. as stipulated in the insurance policy when the insured has suffered bodily injury due to an accident of an insured automobile occurred while the insured owns, uses, and manages the insured automobile, and is also a part of personal insurance. However, in the event the insured has suffered bodily injury due to an accident occurred rapidly and rapidly from outside, it is an insurance that pays compensation as stipulated in the insurance policy according to its nature.

However, in a life insurance contract in which the insured's inheritor is the beneficiary of the insured, the inheritor of the insured can claim the insurer from the beneficiary of the insurance when the insured's insured event occurs, and this right naturally takes effect by the effect of the insurance contract, and it is not inherited property (see, e.g., Supreme Court Decision 2001Da65755, Dec. 24, 2001). This is not only the case where the inheritor of the insured is designated as the beneficiary of the accident insurance for which the death insurance is paid at the time of death as a result of the injury, but also the case where the insured's inheritor is designated as the beneficiary of the accident before the policyholder exercises the right to designate the beneficiary of the life insurance.

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