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(영문) 대구지방법원 포항지원 2017.02.09 2015가합41324
부당이득금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 184,669,895 to the Plaintiff (Counterclaim Defendant) and its amount from November 11, 2015 to February 9, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The plaintiff was working as an insurance solicitor at the D points located in Nam-gu C at the port of port, Nam-gu, and the defendant is working as an insurance solicitor belonging to the Young Life Insurance Co., Ltd.

B. The Plaintiff and the Defendant’s money transaction 1) concluded an insurance contract with the Defendant via the Defendant from around August 2013 to around July 2015, 2015. From around July 2015, the Plaintiff paid insurance premiums in the form of a designer’s visit fee (the relevant insurance solicitor pays insurance premiums from a policyholder to an insurance company). In this process, the Plaintiff paid the amount of the insurance premium to the Defendant, and the Defendant paid the insurance premium to the Defendant for the Plaintiff. 2) The Plaintiff transferred money from KRW 100,000 to KRW 40,000 in several instances from around August 2014 to July 2015, 2015 from the Defendant to the Defendant, and likewise, he borrowed money from the Defendant and repaid money from KRW 176,000 to KRW 50,000 in several instances.

3) On July 28, 2014, the Plaintiff was transferred KRW 15,00,000 from the Defendant as investment money, and paid KRW 25,00,000 to the Defendant on September 15, 2014 as the principal of the investment money and the profit therefrom, and paid KRW 25,00,000 to the Defendant on a one-time basis on a one-time basis at the Defendant’s request, and agreed to lend money to the Defendant upon the Defendant’s request, E, F, G, H, etc. (hereinafter collectively referred to as “Defendant, etc.”).

(4) The details of the entire monetary transactions between the Plaintiff and the Defendant (hereinafter “instant monetary transactions”) from July 28, 2014 to July 7, 2015 are as follows: (a) a direct remittance from the Defendant; and (b) the Defendant, etc. paid to the Plaintiff or the Plaintiff.

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