부당이득금
1. The Co-Defendant of the first instance judgment among the judgments of the first instance following the acceptance of the lawsuit and the participation in the succession at the trial.
1. In the first instance court, the Plaintiff sought restitution of unjust enrichment from the Defendant’s modernized marine insurance and its green damage insurance (hereinafter “Defendant’s modernized marine insurance and its green damage insurance”) on the primary claim, and sought reimbursement of the cost incurred in relation to the work management. The first instance court dismissed the primary claim and accepted the conjunctive claim.
Since the defendant et al. appealed against this, the subject of this court's trial is limited to the repayment of the expenses incurred by the preliminary claimant's office management.
2. Basic facts
A. 1) The Plaintiff is a company with the objective of supporting its members’ educational activities, economic activities, and banking activities under the Banking Act. The Defendant et al. is a company with the objective of concluding various insurance contracts, collecting insurance premiums, paying insurance proceeds, etc. under the relevant contract. 2) The Green Damage Insurance was declared bankrupt on November 1, 2013 during the first instance trial, and the Korea Deposit Insurance Corporation was appointed as a trustee in bankruptcy on the same day.
3) On May 3, 2013, the Financial Services Commission made a decision to transfer a contract for insurance contracts for which green damage insurance was concluded pursuant to Article 14(2) of the Act on the Structural Improvement of the Financial Industry (hereinafter “Financial Industry Structural Improvement Act”) and related contracts, assets, liabilities, rights and obligations, or the transfer of contractual status to the succeeding intervenors (hereinafter “decision to transfer a contract”).
On January 28, 2014, the succeeding intervenor filed an application for intervention in the lawsuit against the bankruptcy debtor on January 28, 2014 during the trial proceeding, and the succeeding intervenor is the person to whom the rights and obligations of the green damage insurance related to the instant case was transferred, and the plaintiff also does not dispute. (b) The succeeding intervenor entered into a shipbuilding contract and an advance refund guarantee contract (i.e., the conclusion of the shipbuilding contract).