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(영문) 서울중앙지방법원 2015.05.29 2013가단61457
예치금 반환
Text

1. The plaintiff's claim is dismissed.

2. The Defendant: (a) filed against the Intervenor KRW 93,250,306; and (b) filed against the Intervenor on December 17, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a company that conducts funeral business by means of prepaid installment transactions under Article 2 subparag. 2 (a) and 4 of the Installment Transactions Act (hereinafter “Installment Transactions Act”). The Defendant is a mutual aid association established pursuant to Article 28 of the Installment Transactions Act.

B. On September 16, 2010, where a prepaid installment business operator registers pursuant to Article 18 of the Installment Transactions Act with the Defendant, the Plaintiff shall enter into any of the following contracts (hereinafter “consumer damage compensation insurance contract, etc.”) in order to compensate for the amount received in advance from the consumer as the price for the goods, etc. related to the prepaid installment contract (hereinafter “Advance payment”):

3. Deposit contract with an institution prescribed by Presidential Decree (hereinafter referred to as "depository institution") in order to secure the payment of consumer damage compensation;

(2) The amount to be compensated by the prepaid installment business operator according to the consumer damage compensation insurance contract, etc. pursuant to paragraph (1) and the standards for calculation thereof shall be prescribed by Presidential Decree within the extent not exceeding 50/100 of the total amount of advance payment.

Pursuant to paragraph (1) 4, the contract term is from September 18, 2010 to September 17, 2011, and the Plaintiff paid the Plaintiff’s premium to the Defendant, and upon occurrence of an accident, the Plaintiff entered into a mutual aid agreement under which the Defendant would pay the Plaintiff’s consumer damage compensation to the Plaintiff’s members (hereinafter “instant mutual aid agreement”). The Defendant paid KRW 100,000,000 to the Defendant.

C. The terms and conditions of the instant mutual aid agreement and the Defendant’s provision attached thereto are as follows.

Article 3 (Termination of Mutual Aid Agreement) (5) In the event of termination of Mutual Aid Agreement, the Mutual Aid Association shall start from the date of conclusion to the date of termination of Mutual Aid Agreement.

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