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(영문) 울산지방법원 2018.03.29 2017나23660
대여금
Text

1. The plaintiff's appeal is dismissed.

2. On the basis of the conjunctive claim added at the trial, the defendant 13,943.

Reasons

1. Facts of recognition;

A. On November 3, 2011, the Defendant concluded an insurance contract with a Mart Life Insurance Co., Ltd. (hereinafter “Meart Life Insurance Co., Ltd.”) on the non-dividend-free franchise insurance (hereinafter “instant insurance”). The monthly insurance premium of the instant insurance is KRW 2,029,50.

B. The Defendant paid 60,885,000 won in total with respect to the instant insurance product over 30 times, but terminated the insurance contract on June 17, 2014, and received refund KRW 47,887,471 from Mart.

C. Meanwhile, from March 6, 2013 to May 30, 2014, the Plaintiff, an insurance solicitor affiliated with the Mart, remitted the insurance premium totaling KRW 30,442,50 to the virtual account under the name of the Defendant, over 15 times.

On August 2014, the Defendant paid KRW 10,000,000 to the Plaintiff.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 (including the case with a serial number; hereinafter the same shall apply), Eul evidence 1 and 2, and the purport of the whole pleadings

2. Judgment as to the main claim

A. 1) The Plaintiff loaned the instant insurance premium with the Defendant on behalf of the Plaintiff. However, the Defendant terminated the insurance contract at the time when there is no loss to the principal, and was paid the money. 2) The Plaintiff lent the Defendant a total of KRW 30,442,50 by means of a substitute payment of the instant insurance premium, and thereafter, received KRW 10,000,000 from the Defendant.

3) Therefore, the Defendant is obligated to pay to the Plaintiff the sum total of the remaining loans, KRW 20,442,500, and delay damages therefor. (B) Determination 1) The Plaintiff wired the sum total of KRW 30,442,50 to the virtual account in the name of the Defendant with respect to the instant insurance, as seen earlier.

2. However, the following circumstances, which are acknowledged in addition to the purport of the entire arguments, are the principal of the Plaintiff’s assertion.

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