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(영문) 서울고등법원 2016.03.17 2014나2049386
부당이득금
Text

1. Upon the plaintiff's conjunctive claim added at the trial, the defendant shall pay to the plaintiff 543,778,664 won and this.

Reasons

1. Basic facts

A. The Plaintiff is a company established on May 7, 2007 with the purpose of manufacturing and selling funeral supplies and providing funeral services, etc., and the Defendant is a mutual aid association established on September 18, 2010 pursuant to Article 28 of the Installment Transactions Act (hereinafter “Installment Transactions Act”).

B. On April 4, 2011, the Plaintiff entered into a mutual aid agreement and renewed a mutual aid agreement (1) Articles 27(1)4 and 27(1)4 of the Installment Transactions Act (Consumer Damage Compensation Insurance, etc.) (1) where a prepaid installment business operator registers pursuant to Article 18, the amount received from the consumer as the price for goods, etc. related to the prepaid installment contract (hereinafter “Advance payment”).

(1) any of the following contracts (hereinafter referred to as "consumer damage compensation insurance contract, etc.") shall be

(4) If an accident, such as discontinuation of business, suspension of current account transactions, cancellation of registration, cancellation, etc., occurs with the Plaintiff’s member pursuant to a mutual aid agreement with a mutual aid association established pursuant to Article 28, the Defendant shall provide the Plaintiff’s members with a mutual aid agreement with a mutual aid association established pursuant to Article 28 (hereinafter “instant mutual aid agreement”). However, if the Plaintiff’s mutual aid agreement provides the Plaintiff’s member with a mutual aid agreement with a security to receive

2) The Plaintiff and the Defendant renewed the above mutual aid agreement on March 2, 2012. On April 23, 2013, the mutual aid agreement again was renewed from March 18, 2013 to March 17, 2014; and until that time, the said mutual aid agreement was renewed. The amount of the security paid by the Plaintiff to the Defendant is KRW 549,50,000.

(hereinafter “this case’s security funds”). 【No dispute exists, Gap evidence 2, 6, Gap evidence 31-1, Eul evidence 4-1, Eul evidence 4-2, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion 1 mutual aid contract of this case

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