[1] The formation of an insurance contract and the nature of an insurance policy as evidence

[2] The case holding that even if a beneficiary under an insurance policy is indicated as "he heir in the case of a first-class disability", the beneficiary is not a beneficiary but a policyholder or the insured under all circumstances such as the insurance subscription form and the insurance terms

[1] Generally, since an insurance contract is a marry contract established by mutual agreement between the parties and requires a separate document, the insurance policy prepared and delivered at the time of concluding the insurance contract is merely a single evidentiary document, and thus, whether the insurance contract is established or not, the contents of the insurance contract can be acknowledged not only by the relevant evidentiary document but also by considering the circumstances before and after concluding the contract.

[2] The case holding that even if a beneficiary under an insurance policy is indicated as "he heir in the case of a first-class disability," the beneficiary is not a beneficiary, but a policyholder or the insured under all circumstances, such as the insurance subscription form and the insurance terms

[1] Articles 638 and 640 of the Commercial Act / [2] Articles 638 and 640 of the Commercial Act, Article 105 of the Civil Act

[1] Supreme Court Decision 2002Da64520 decided Apr. 25, 2003 (Gong2003Sang, 1256)

Plaintiff 1 and two others (Attorney Jin-tae, Counsel for the plaintiff-appellant)

Future Life Insurance Co., Ltd. (Attorney Lee Byung-soo, Counsel for defendant-appellant)

November 11, 2005

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

The defendant shall pay to the plaintiff 1 17,857,142 won, the amount of 78,571,428 won and each of the above amounts to the plaintiff 2 and the plaintiff 3 with 20% interest per annum from January 30, 1997 to the day of full payment.

1. Basic facts

A. Conclusion of insurance contracts by the Nonparty

The Nonparty concluded each insurance contract with the Korea Life Insurance Co., Ltd. (hereinafter “National Life”) and the Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) with the following content:

The Nonparty’s maturity of KRW 16,100,100,000 on September 28, 1995, on the basis of a monthly insurance premium (class 1 disability) paid for each type of insurance contract included in the main sentence: Non-Party’s hospitalization and disability: Non-Party’s maturity of KRW 60,00,000 (traffic disaster) on August 4, 1994, when the Non-Party’s Lifelong Life Security Pension Insurance Policy was concluded: Non-Party’s hospitalization and disability: Non-Party’s death: The Non-Party’s maturity of KRW 73,50,100,000 (disaster) on August 30, 1994: Non-Party’s hospitalization and disability: the Non-Party’s death and disability: the Non-Party’s death and disability: the Non-Party’s heir’s death and disability pension insurance contract on November 14, 195; the Non-Party’s death and disability: the Non-Party’s heir’s death and disability: the Non-Party’s death.

(b) Insurance accidents;

The non-party suffered from the disaster that occurred on December 10, 1995, which occurred on Sundays, due to the traffic accident that occurred on December 10, 1995.

C. On June 30, 2000, the Plaintiffs were the wife or persons of the Nonparty, and the SK Life Insurance Co., Ltd. succeeded to the rights and obligations of the said company upon the merger of national bio-resources and Handuk Life, and on June 27, 2005, the Defendant was changed on June 27, 2005 while the instant lawsuit was pending.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 7, Eul evidence No. 1-1 to 4, the purport of whole pleadings

2. The plaintiffs' assertion and judgment

(a) A captain;

The plaintiffs are indicated as the "heir" in the insurance policy of the road-based insurance policy. Since the non-party was a first-class disability due to a traffic accident, the non-party is entitled to pay KRW 100 million of the holiday traffic insurance premium to the plaintiffs who become his heir if he died, according to inheritance shares. ② In the case of a lifelong security pension insurance, the Handuk-gu Life Insurance, and the old-age welfare pension insurance, the beneficiary is "he heir" only at the time of death. However, in light of the fact that the first-class disability is the beneficiary at the time of the occurrence of the accident falling under the first-class disability, the beneficiary is also the heir at the time of the first-class disability, and thus, the defendant is also the beneficiary at the time of the first-class disability, who is the heir, the insurance amount of KRW 175 million of the insurance money of the Life Security Pension + KRW 100 million of the old-age welfare pension insurance amount of KRW 15 million of the old-age pension amount of KRW 5 million.

(b) Markets:

(1) In the case of future security insurance:

(A) Generally, since an insurance contract is a marry contract established by mutual agreement between the parties and requires a separate document, the insurance policy prepared and delivered at the time of concluding the insurance contract is merely a single evidentiary document. Thus, whether the insurance contract is concluded or not, the content of the insurance contract can be acknowledged by taking into account not only the relevant evidentiary document but also the circumstances before and after concluding the contract (see Supreme Court Decision 2002Da64520, Apr. 25, 2003, etc.).

(B) According to the evidence No. 1 of this case, it can be acknowledged that the fact that the beneficiary column of the insurance policy of the Housing Security Insurance is indicated as the "he heir at the time of death or disability of the first degree." However, considering the whole purport of the arguments as to the evidence No. 5, No. 1-1 and No. 4-1 of the insurance policy of the Housing Security Insurance, the non-party is merely a beneficiary column of the Housing Security Policy prepared on May 8, 1995 without directly designating the non-party as the beneficiary, without designating the non-party as the legal heir at the time of death, and in other cases such as maturity or hospitalization/operation, the contractor will be the beneficiary at the time of death, and it is reasonable to find the non-party as the beneficiary's heir at the time of changing the insurance policy of the insurance policy of the non-party as the beneficiary at the time of death (Article 9 (1) 6 and No. 7 of the Insurance Policy).

Therefore, in the case of the first-class disability, the plaintiffs' above assertion based on the premise that the beneficiary is the heir is without merit.

(2) In the case of Lifelong Security Pension Insurance, Han Young-chul Undong Life Insurance, and Old Age Welfare Pension Insurance:

The fact that insurance money of the same amount as the death insurance money at the time of the occurrence of the insurance accident corresponding to the first degree disability cannot be considered the same as the beneficiary at the time of the first degree disability. Therefore, the above assertion by the plaintiffs is without merit.

3. Conclusion

Therefore, the plaintiffs' claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Kim Jin-jin (Presiding Judge)

(1) Article 9 (Grounds for Payment of Insurance Money) (1) If an insured worker falls under any of the following cases, the company shall pay the insurance money agreed upon to beneficiaries (see attached Table 2, e.g., Table of Standards for Payment of Insurance Money). 1. If a insured worker dies due to a traffic accident prescribed in attached Table 4 (Traffic Classification Table) or becomes a disability of Grades I in the Table of Disability Classification: If a insured worker is dead due to a cause other than a traffic accident in attached Table 3 (Disaster Classification Table) or if a disability of Grades I in the table of Disability Classification occurs during the insurance period; 2. If a person dies due to a cause other than a traffic accident in the attached Table 3 (Disaster Classification Table) or if a disability of Grades I in the table of Disability Classification occurs during the insurance period: When a person dies due to a cause other than a disaster in the insurance period; 4. When a person becomes a disability of Grades II through VI in the attached Table of Disability Classification during the insurance period, the payment of the insurance money for general death;