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(영문) 수원지방법원 2016.11.10 2015나36614
부당이득금반환
Text

1. The judgment of the first instance court, including the Plaintiff’s claim extended at the trial room, shall be modified as follows:

The defendant.

Reasons

1. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1, 2-1 to 4, 3, 1 and 2, and each entry in Gap evidence Nos. 1 and 2 may be admitted by integrating the whole purport of the pleadings.

B as an attorney-at-law, as a member of the defendant around February 1993, he joined the mutual aid association established and operated by the defendant to promote the welfare of its members, and paid each of the defendant's subscription fees, monthly membership fees, and monthly membership fees to the defendant.

B. On April 19, 2010, as Suwon District Court 2010Kadan101074, the new bank filed an application for provisional attachment against B on the claim amounting to KRW 205,309,520. On April 23, 2010, the above court rendered a decision of provisional attachment against the above claim (hereinafter “decision of provisional attachment”). The original decision of provisional attachment of this case was served on the Defendant, who is the garnishee, on April 28, 2010.

C. B died on September 29, 201, and accordingly, as the wife B’s wife, the Plaintiff, among the deceased’s bereaved family members, claimed for the payment of the mutual aid money to the Defendant around October 201, and accordingly, the Defendant paid the Plaintiff the amount of KRW 18,91,187 of the mutual aid money following the deceased’s death on October 31, 2011 (i.e., KRW 16,369,321 of the former mutual aid money and KRW 2,621,866 of the new mutual aid money and KRW 1,306,80 of the monthly membership fees paid to the Defendant before the deceased’s death (=17,684,387 won) (=18,91,187 won,187 won-1,306,800 won).

Then, on June 13, 2012, the Defendant sent to the Plaintiff a notice to the effect that “the Defendant imposed the mutual aid money upon the Plaintiff with the instant provisional attachment decision and paid the mutual aid money to the Plaintiff, so the Plaintiff would have requested the Defendant to return the mutual aid money already paid,” which was served to the Plaintiff around that time.

E. The Plaintiff returned KRW 10,000,000, out of the mutual aid money already paid to the Defendant on June 26, 2012 according to the Defendant’s aforementioned notification.

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