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(영문) 서울중앙지방법원 2018.08.30 2017가단5177188
부당이득금
Text

1. The Selection C and the Selection D jointly share KRW 200,000,000 with respect to the Plaintiff and the Plaintiff from May 26, 2017 to August 30, 2018.

Reasons

1. As to the instant lawsuit claiming the return of the insurance proceeds paid to the appointed party C, the appointed party D on the premise that the insurance proceeds paid to the appointed party C and the appointed party D are unjust enrichment, the Defendant (appointed party) asserted to the effect that, insofar as the original appointed party merely received the insurance proceeds from the Plaintiff on behalf of the non-party E (hereinafter “non-party E”) company, the insured party (hereinafter “non-party E”) and the appointed party, the lawsuit of claiming the return of unjust enrichment against the Defendant (appointed party) and the appointed party is unlawful against the non-party without standing.

However, in a lawsuit for performance, since the plaintiff's person asserted as the person responsible for performance has the standing to be the defendant, the above grounds for the defendant (appointed party)'s assertion are merely grounds to be judged as the existence of a claim within the merits, not matters to be judged as the party's standing to be the party's standing to be the party's defense is groundless.

2. Determination as to the cause of action

A. The facts of recognition (1) The Plaintiff is an insurer who entered into a F insurance contract with the non-party company as an insurance company, and the non-party company is a company established for overseas construction business and overseas construction service business, and is the user of the network G (hereinafter “the network”).

(B) The Appointor C is the deceased’s spouse, the Appointor D is the deceased’s children (minors), and the deceased’s co-property heir, and the Defendant (Appointeds) B is the father of the deceased.

(2) Conclusion of F insurance contracts

(a) Insurance types: F insurance;

(b) Securities number: H;

(c) Policyholders / Insured: Non-Party Company

D. Insurance period: from June 1, 2014 to June 1, 2015.

Security Matters: Special Terms and Conditions for Workers' Accident Compensation Insurance, Special Terms and Conditions for Accident Compensation Liability Security, Special Terms and Conditions for Extension of Compensation Liability for Damages, and Special Terms and Conditions for Employers' Liability for Damages, Guarantee of Types of Special Terms and Conditions for Compensation for Damages / Indemnity Amount for Insurance Premiums' Accident Compensation for

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