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(영문) 청주지방법원 2018.05.15 2018가단20668
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff’s basic facts are the deceased’s independent heir, D’s independent heir, D’s contract term from June 29, 2009 to June 29, 2061 with C Co., Ltd. on June 29, 2009; 100 years of age maturity: (a) beneficiary at the time of death; (b) beneficiary at the time of death; (c) D; (d) securities number: E during the above insurance period; (d) died on October 8, 2017 among diseases due to chronic extension; and (d) upon D’s death, the Defendant acquired the right to claim insurance under the insurance contract on the same day by the insurance contract of this case against G Co., Ltd. (the trade name was changed to C Co., Ltd. on November 1, 2017); or otherwise recognized that there is no dispute between the parties concerned or otherwise recognized by the evidence under subparagraphs 1 through 4.

2. The plaintiff's assertion is between D and D and D for about one year since 2009, and D, at the time of the conclusion of the insurance contract of this case, designated the defendant who was a female living together as a beneficiary of the insurance at the time of death. After that, the defendant and D have settled living together and left Korea. Accordingly, the defendant notified the defendant of his intention to change the beneficiary of the insurance contract of this case and requested the insurance company to implement the procedure of notifying transfer of claims to the insurance company.

Article 733 of the Commercial Act has the right to designate or change the beneficiary (Article 733(1) of the Commercial Act), and if the policyholder changes the beneficiary after the conclusion of the contract, he cannot set up against the insurer unless he notifies the insurer thereof.

(Article 734 (1) of the Commercial Act) In this case, as the Plaintiff claimed on December 2, 2016, D was changed from the Defendant to the Plaintiff by a beneficiary’s declaration of change of beneficiary around December 2, 2016.

It is evident that the defendant notified the defendant of his intention to change the beneficiary and the defendant consented to it.

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