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(영문) 서울중앙지방법원 2018.04.02 2017가단5122003
보험금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 15% per annum from July 19, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. On November 23, 2012, the deceased D (the deceased on March 24, 2017, hereinafter “the deceased”) and the Defendant entered into an E contract with the deceased, the beneficiary: the heir, the heir, the insurance amount: KRW 20,00,000 upon the death, and KRW 10,000 upon the death within 18 years of the insurance period (hereinafter “instant insurance contract”), and paid the insurance premium.

B. On March 17, 2017, the Deceased changed the beneficiary of the instant insurance proceeds to the Plaintiff, bequeathed all the rights to receive the insurance proceeds to the Plaintiff, and designated the executor as the Plaintiff, a testament by a notarial deed (No. 139, 2017, No. 2017, No. 139, the No. 2017, the No. 2017, the Deceased (hereinafter “the instant will”).

C. The mother G of the deceased is the only heir of the deceased.

On the other hand, the standardized contract applicable to the insurance contract of this case provides that "contractor may change the beneficiary, and in this case, consent of the defendant is not required: Provided, That if the beneficiary is changed, the beneficiary after the change does not oppose the defendant as his right."

[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Judgment on the parties' arguments

A. The plaintiff asserts that the insurance contract of this case is life insurance, and the beneficiary can also be changed by will. The plaintiff, who is the executor, notified the change of the beneficiary through the delivery of a duplicate of the complaint of this case to the defendant, who is the insurer, the defendant should pay the insurance money under the insurance contract of this case to the changed beneficiary.

When the policyholder changes the beneficiary after the conclusion of the insurance contract, the defendant cannot set up against the insurer unless the policyholder notifies the insurer, and the deceased changes the beneficiary of the insurance contract to the plaintiff by the will of this case, and the case.

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