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(영문) 서울동부지방법원 2016.11.02 2016나2361
환수금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The defendant.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except for dismissal or deletion as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second clause of the judgment of the court of first instance asserts that "the plaintiff's assertion was effective," and that 5,791,820 won among them was repaid (i.e., KRW 791,820 won for the year-end settlement refund of KRW 5 million guaranteed insurance). Thus, the defendant is obligated to return the remainder of KRW 32,498,05 to the plaintiff.

B. On the fifth page of the first instance judgment, the “N” is deleted.

C. The overall title Nos. 5 and 5 of the judgment of the court of first instance is that “any insurance contract fee entered into in the name of the defendant claimed by the plaintiff is included.”

"202,827,325 won" of the 5th judgment of the first instance shall be repaid.

Recognizing that “the payment of KRW 202,827,325” is to be made, and to pay KRW 50 million each month from September 2012 to December 2012.”

2. Conclusion, the judgment of the court of first instance is justifiable, and the plaintiff's appeal is dismissed.

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