(영문) 부산지방법원 2015.09.24 2014가단101343

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.09.24 2014가단101343

부당이득금

Text

1. The defendant shall not exceed 40,323,140 won within the scope of the property inherited from the deceased C, and 13,468 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff, along with the Plaintiff, worked as an insurance solicitor of the FM Co., Ltd. (hereinafter “FM”) and thereby making it impossible to register its code, the Plaintiff used the Plaintiff’s insurance solicitor code to engage in insurance solicitation, and the HM C paid the deceased’s fee through the Plaintiff.

B. However, due to the termination of the insurance contract recruited by the Deceased, the Deceased had the obligation to recover KRW 29,956,285 against the said company. Of these, the Deceased deducted KRW 13,468,693 from the allowances to be paid to the Plaintiff. As to the remaining KRW 16,487,592, the Daejeon District Court filed a lawsuit against the Plaintiff on December 12, 2012 against the Plaintiff for the claim for payment of fees against the Daejeon District Court 2012Da81334, the said court rendered a favorable judgment that “the Plaintiff shall pay EM deposit the amount of KRW 16,487,592 and the amount of KRW 30% per annum from October 20, 2012 to the date of full payment.”

C. The repayment claimed by EM Co., Ltd to the Plaintiff is KRW 26,854,447 as of November 25, 2014 (i.e., principal KRW 16,487,592, Nov. 25, 2014) (i.e., KRW 10,366,855).

D and E, who are the offsprings of the Deceased, filed a report on the renunciation of inheritance with the Busan Family Court 2013 D and E on February 5, 2013, and filed the same year.

3. A trial for acceptance on February 6, 2013 is conducted, and the defendant filed a report on his/her inheritance limited approval with the above court on February 6, 2013 and filed a report on his/her inheritance limited approval.

3. 13. The adjudication was made on the acceptance;

[Ground of recognition] Unsatisfy, Gap evidence 1 through 5 (including those with a satisfy number), Eul evidence 2, the purport of the whole pleadings

2. Determination

A. The plaintiff's assertion that the defendant promised to pay the deceased's compensation to the plaintiff, or even if not, is obligated to pay the compensation to the plaintiff as the property successor of the deceased.

B. (1) First, there is no evidence to acknowledge that the Defendant promised to pay the deceased’s indemnity to the Plaintiff.

유사 판례

-서울고등법원 2016.06.01 2015나2038871

-서울북부지방법원 2020.09.16 2020나33832

-서울중앙지방법원 2015.09.25 2015나34177

-광주지방법원목포지원 2020.04.22 2019가단3484

-광주지방법원해남지원 2020.07.14 2019가단202693