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(영문) 서울중앙지방법원 2017.09.29 2016가합554018
부당이득금
Text

1. Defendant A and B jointly share KRW 350,00,000 with respect to the Plaintiff and 5% per annum from May 30, 2014 to September 29, 2017.

Reasons

1. Basic facts

A. On December 2, 2013, the Plaintiff concluded a comprehensive insurance contract for construction machinery equipment (hereinafter “instant insurance contract”) with Defendant A with the following content.

- Insured: Defendant A-Period: From December 16, 2013 to December 16, 2014 - Until December 16, 2014 - The subject-matter of the insurance: the insured period (D, 132 tons, 208 formula; hereinafter “the subject-matter of the instant period”): 450,000,000 won

B. On December 6, 2013, the Gyeonggi-do Construction Headquarters received a contract for the removal of E (hereinafter “instant construction”) from the Korea New Public Corporation (hereinafter “Korea New Public Corporation”) and carried out the construction. On December 6, 2013, the accidents occurred that the instant mid-term period of the instant construction (hereinafter “the instant insurance accident”).

C. On December 8, 2013, Korea New and New Airport drafted a written agreement with Defendant B, the agent of Defendant A, regarding the instant insurance accident (hereinafter “instant agreement”) as follows.

- Until December 11, 2013, Korea-New Public Service paid KRW 350,000,000 as compensation for the instant insurance accident (hereinafter “instant agreement”) to Defendant A, and Defendant A cannot demand additional compensation, compensation, damages, or any civil, criminal, or administrative objection after the conclusion of the agreement.

- Defendant A shall take the subject flag of this case out of the date of agreed payment.

- The agreed money set forth above is related to all the responsibilities owed to Defendant A by Han New Public and the persons related to the instant construction, etc., so Defendant A cannot demand additional money or raise any objection for any reason against the new public and the persons related to the instant construction, etc., separate from the payment of the agreed money set forth above.

- The Parties shall conclude this Agreement.

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