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(영문) 수원지방법원 2016.11.24 2015가단57733
부당이득금반환
Text

1. The Defendant against the Plaintiff KRW 35,315,340 and KRW 1,99,550 among them, as to August 13, 2009, KRW 1,500,000.

Reasons

1. Indication of claim;

A. The Plaintiff, as an insurance solicitor, became aware of the Defendant’s father C, transferred a total of KRW 271,70,000 in connection with the mining business to C.

B. C purchased an insurance policy through the Plaintiff, and requested the Plaintiff to pay the insurance premium twice after paying the insurance premium. Accordingly, the Plaintiff paid the insurance premium in the name of C in order to receive a refund of the transferred money.

C. While the Plaintiff paid C’s insurance premium on behalf of the Plaintiff, C changed the name of the insured under its own name to the Defendant.

Accordingly, when the plaintiff receives insurance money from the defendant in the name of the defendant in the last time while paying the insurance money on behalf of the defendant, the insurance money shall be paid to the plaintiff, and if so, the amount of the insurance money paid in lieu was demanded by the defendant to be refunded.

The insurance premium paid by the Plaintiff from August 2009 to November 30, 2010 by the Defendant’s name is KRW 35,315,340 in total up to the present day (this is the only claim for the insurance premium for which the Plaintiff sought a receipt up to the present day).

The defendant paid insurance money to the plaintiff, which is not until now.

E. Therefore, the Plaintiff seek to pay the Defendant the total amount of 35,315,340 won of the premium paid by unjust enrichment and damages for delay from the date of the substitute payment of each insurance premium.

2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

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