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(영문) 광주지방법원 2019.06.12 2018나63791
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On January 10, 2008, the Defendant subscribed to C’s pension insurance through the Plaintiff, an insurance solicitor.

(hereinafter the Defendant’s above insurance (hereinafter “instant insurance”). Meanwhile, the details of the payment of the insurance premium of the instant insurance registered in C’s computer system are as listed below.

1. On January 10, 208: 1,00,000 new contracts on January 10, 2008; 1,000,000 simple receipts on February 15, 2008; 1,000,000 simple receipts on March 19, 208; 1,000,00 simple receipts on April 1, 2008; 1,0000 simple receipts on April 1, 2008; 1,000000 simplified receipts on May 1, 2008; 1,000,50000 simple receipts on May 22, 2008; 1, 20000 simple receipts on May 20, 2008; 2000 simple receipts on June 20, 2008; 2000 simple receipts on June 20, 2008

B. On January 14, 2008, the Plaintiff leased KRW 10 million to the Defendant without fixing the due date. Since the Plaintiff borrowed money to the Defendant with a standardized contract loan under the name of the Plaintiff, the Plaintiff agreed to pay interest on the standardized contract loan to the Defendant.

C. During the period from February 14, 2008 to April 1, 2009, the Defendant transferred the sum of KRW 16,040,000 to the new bank account under the name of the Plaintiff in the name of himself or the stock company D (hereinafter “D”) (hereinafter “instant account”).

Serial Transfer Date 1 2008-02-14 1,080,00 D 2008-02-02-14,000 D 2008-03-18 1,100,100 D 4 2008-04-04-15 1,100,000 D 5 2008-05 15 100,0005-15 100,000 6208-05-05-21,000, 2000 D7 208-06-140, 1006-14, 2000 D 8208-208-108, 2008-10-408, 2008-108, 2008-108

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