공제금 청구
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Facts of recognition;
A. On June 26, 2013, the Defendant concluded a mutual aid agreement (hereinafter referred to as “instant mutual aid agreement”) with the peace tourr Co., Ltd. (hereinafter referred to as “pace tourr”) by setting the beneficiary’s general travel business association president, amount of KRW 50,000,000, and period of mutual aid from July 7, 2013 to July 7, 2014.
B. The main contents of the mutual aid business guarantee agreement applicable to the said mutual aid agreement (hereinafter “instant terms and conditions”) are as follows.
Article 2 (Liability for Mutual Aid of Mutual Aid Association) (1) The defendant Travel Mutual Aid Association (hereinafter referred to as the "Mutual Aid Association") shall pay the mutual aid money in accordance with the terms and conditions if a member of the Mutual Aid Association is unable to receive damages or losses from the member due to the failure of a member to perform a travel arrangement contract with a Korean national (including a domestic foreigner) in the course of running a travel business, if a member of the Mutual Aid Association is unable to receive damages or losses from
(2) The scope to which the Mutual-Aid Association pays the mutual-aid money shall be as follows:
(1) If a member fails to perform a contract before the consumer commences travel: The full amount of the travel fee already paid by the injured tourer to the member.
C. Through B on July 12, 2013, the Plaintiff entered into a travel agency contract with a travel agency as “one mobile operator of one stock company” (hereinafter “one mobile operator”), “pacul travel agent”, “17,136,700 won from October 23, 2013 to October 27, 2013”, “17,136,700 won”, “a travel area”, and “a travel agency contract with a travel agency” and paid a down payment of KRW 7,200,000 for the same day as the account designated by B, and an intermediate payment of KRW 4,60,000 on October 1, 201, including the sum of KRW 10,660,000, the remainder of October 15, 2013, and KRW 2460,000 (hereinafter “instant travel fee”).
B embezzled the travel fee received as above and locked.
E. Accordingly, the Plaintiff filed a claim for restitution of unjust enrichment against one speculativeian.