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(영문) 창원지방법원진주지원 2016.08.09 2015가단1402
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The net A is a person who has served as the president of the H Saemaul Fund until November 201. The Defendant is an employee of the above safe from September 1982. Plaintiff B is the deceased’s spouse, Plaintiff C, D, E, and F. The deceased’s children.

B. On February 9, 200, Plaintiff B entered into a mutual aid agreement with the contractor and the beneficiary B, beneficiary A, monthly mutual aid fee of 458,000 won, and the due date of February 9, 2005 (hereinafter “instant mutual aid agreement”).

C. The instant mutual aid contract had arrived on February 9, 2005, and the maturity date of the said mutual aid contract was 30,031,530 won (hereinafter “the maturity date of the instant mutual aid contract”) transferred to the Defendant’s account on February 11, 2005.

A A died on August 3, 2015 while the instant lawsuit was pending, and succeeded to A’s spouse B, C, D, E, I, and F.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. The parties' assertion and judgment

A. 1) The plaintiffs' assertion 1) embezzled the above money by arbitrarily terminating the contract of this case and remitting it to their own account, and the defendant is liable for damages equivalent to the same amount of money due to the embezzlement. 2) Since the defendant's assertion was not arbitrarily received by the defendant, but borrowed the above maturity amount from the net A, the defendant borrowed the above maturity amount from the net A, and thereafter, the defendant paid the above maturity amount by paying the monthly payment of several recommended mutual aid agreements in which children Gap become the beneficiary from among the mutual aid agreements to which the network A was subscribed, the defendant cannot respond to the plaintiffs' claim.

B. The following circumstances are recognized in light of the overall purport of the pleadings in each of the statements in the evidence Nos. 1, 2, 6, 10 and 13, of which judgment was made:

(1) The deceased A’s credit cooperative of this case until 2011.

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