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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The facts below the underlying facts do not conflict between the parties, or are significant in this Court.
The plaintiff is a company established on September 29, 2005 for the purpose of automobile maintenance business, etc.
(The first trade name was "D," and its trade name was changed on June 23, 2006. (B)
C served as the representative director of the Plaintiff from September 29, 2005 to October 4, 201, and from July 26, 2012 to January 9, 2013.
C. C Around April 2, 2013 (hereinafter “the deceased”); the Defendant is his wife; E and F, their children, filed a declaration of renunciation of inheritance with the Suwon District Court 2013Radan999 on May 9, 2013; and received the repair judgment from the above court on June 20, 2013.
2. The gist of the Plaintiff’s assertion of the cause of the claim is the period during which the Deceased was in office as the representative director, from the bank account in the name of the Plaintiff to the bank account in the name of G operated by the Deceased, the sum of KRW 64,000,000, and the sum of KRW 137,101,000 was transferred from the bank account in the name of H, who is an employee in charge of the Plaintiff’s financial management, to the bank account in the name of the Deceased, or withdrawn KRW 30,000,000 from the cash account in the name of the Deceased.
In addition, the deceased concluded an insurance contract with Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Tsung Fire”) and received the insurance loan or the termination refund. The plaintiff, the total insurance premium of which was KRW 81,00,000,000, claimed to the effect that the amount of KRW 1,000,000, which was withdrawn from the insurance premium on April 15, 2016, was refunded on August 17, 2010 (see, e.g., evidence 5-2) as it was disposed of on August 17, 2010 (see, e., evidence 5-2).
This is less than KRW 1,00,000,000 in total, the amount of unjust enrichment related to insurance premiums claimed by the Plaintiff in the first instance trial, but the Plaintiff did not reduce the claim.
was paid from the bank account in the name of the plaintiff.