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(영문) 서울중앙지방법원 2016.10.17 2015나46651
부당이득금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is an intention to operate the “M Council member” located in the Seoul Special Metropolitan City Gwangjin-gu L.

The plaintiff purchased insurance products sold by the defendant for the first time in the early 2000s through F, an insurance solicitor belonging to the defendant.

F is the Plaintiff's friendship N's friendship with the Plaintiff's Godong-dong N, and is well known to the Plaintiff from Green City to Green City.

B. (i) The F prepared an insurance contract subscription for each of the instant insurance contracts, stating the Plaintiff as a policyholder, with the following content.

On the other hand, the plaintiff purchased a total of 33 insurance products sold by the defendant as shown in the attached list, including the following insurance products, and most of the insurance products are canceled at present.

On May 8, 07 (Attached No. 7) on May 8, 207, the method of paying the total insurance premium for (monthly) the name of the contractor / the name of the insured goods (monthly) and the payment period of the insurance premium (Attached No. 7) A 10,000,000 lump-sum payment of the A Undividend Social Insurance (hereinafter “instant insurance contract”) (Attached No. 14) on July 3, 09 (Attached No. 14): A: (D) on July 3, 209: (i) type A (hereinafter “instant 2 insurance contract”) 9,58,000 won under the Special Agreement on the Guarantee of Accident Compensation for Injury: (ii) 222,000 won / 5,100 won / 100 (payment period June 2) / 100 (hereinafter “the Plaintiff’s bank account”); (iii) hereinafter “the instant bank account”).

At the time of entering into a contract, the total insurance premium of the instant one insurance contract was paid by automatic transfer.

The insurance premium of the instant two insurance contracts was KRW 48,120,000, total of KRW 9,780,000 on July 6, 2009, KRW 9,585,00 on January 25, 2010, KRW 9,585,000 on July 26, 2010, KRW 9,585,000 on January 25, 201, and KRW 48,120,00 on July 25, 201.

Article 22(1) of the Civil Act provides that “The term “the term “the term “the term “the term “the term “the term” means “the term “the term” under the term “the term” under the term “the term “the term” under the term “the term” under the term “the term “the term” under the said term under the term “the term” under the term “the term” under the term

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