부당이득금
1. The plaintiff's debtor debtor B's administrator C is due to the termination of the insurance contract in the attached Form.
1. Determination as to the claim against C by the administrator of the Defendant Rehabilitation Obligor B, Inc.
A. (1) On March 8, 2012, the Plaintiff entered into a comprehensive insurance contract with Company B (hereinafter “B”) as indicated in the separate sheet (hereinafter “instant insurance contract”). At the time, B’s representative director was Defendant A.
(2) On April 1, 2014, the Plaintiff terminated the instant insurance contract on the grounds of the unpaid premiums of B.
(3) On May 30, 2014, Defendant A filed a claim for the payment of the cancellation refund upon the termination of the instant insurance contract with the submission of the proxy form B, B’s certificate of personal seal impression, B’s business registration certificate, D’s certificate of representative director at the time, and B’s certificate of personal seal impression.
(4) Upon the above claim, the Plaintiff paid KRW 24,559,180 of the cancellation refund to the Agricultural Cooperative Account in the name of Defendant A designated by Defendant A.
(5) On September 17, 2014, Daejeon District Court 2014 Ma5012 decided that the rehabilitation procedure was commenced, and C was appointed as a custodian on the same day.
(6) On November 6, 2014, the administrator C of the Defendant Rehabilitation Debtor Co., Ltd. filed a civil petition with the Financial Supervisory Service to the effect that the Defendant A did not delegate to the Financial Supervisory Service the right to claim and receive the cancellation refund of the instant insurance contract.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings
B. According to the above facts of determination, since the Plaintiff paid the cancellation refund upon termination of the insurance contract of this case to the Defendant A who was delegated by B on the claim and receipt of the cancellation refund of the insurance contract of this case, the Plaintiff’s obligation to pay the cancellation refund upon termination of the insurance contract of this case was extinguished.
Therefore, there is no obligation to pay the cancellation refund money to the administrator C of the defendant rehabilitation debtor corporation B.