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(영문) 서울중앙지방법원 2017.09.06 2017가단5024369
부당이득금
Text

1. The plaintiff's primary claim against the defendant B is dismissed.

2. Defendant C Co., Ltd.

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff is a clan that owns the ground buildings of Dongbcheon-si J, Dongbcheon-si H 1, 2 Dongbcheon-si, and K ground buildings of Dongbcheon-si, and operates real estate businesses, etc.

B. Defendant C’s fire insurance contract 1) On December 8, 201, L, which was the representative of the Plaintiff’s clan, concluded a “O” insurance contract with Defendant C, stating the insurance period from December 8, 201 to December 8, 201, as “L” on the part of the contractor, the insured, the maturity beneficiary, and the owner’s column as “L” and “O” (hereinafter “instant 1 insurance contract”).

(2) After that, as the representative of the Plaintiff clan changed from L to F, F requested the Defendant C to change the contractor on September 25, 2013. Accordingly, the entry of the contractor, the insured, and the beneficiary was changed to F.

3) The insurance premium of the instant insurance contract from January 5, 2012 to December 22, 2016, was paid in KRW 90,000,000, in total, from January 5, 2012 to December 22, 2016, as KRW 1,500 per month in the name of the Plaintiff clan. The instant insurance contract was terminated as of December 8, 2016, and the contract term of the instant insurance contract was terminated as of December 8, 2016, and the Plaintiff’s representative of the Plaintiff clan remains in the state of not being paid KRW 81,435,800 as of the date of closing the argument of the instant case. (C) On November 29, 2013, the Plaintiff’s representative of the Plaintiff clan entered the instant insurance contract with Defendant B as the subject matter of the insurance contract with the Plaintiff’s clan’s ground building from November 29, 2013 to its expiration date, the owner was the fire beneficiary, and the said owner;

(hereinafter “instant two insurance contracts”) . 2 also F.

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