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(영문) 서울중앙지방법원 2020.06.18 2019나58942
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 11, 2007, the Plaintiff concluded D insurance contract (hereinafter “instant insurance contract”) with the Defendant’s son and the Defendant as the insured, and terminated the instant insurance contract on April 18, 2016.

B. On December 1, 2017, the Plaintiff transferred KRW 2,007,199 as the termination refund for the instant insurance contract to the Defendant’s E-Union account.

C. A party to the instant insurance contract requested the Plaintiff to pay the termination refund for the instant insurance contract to himself/herself, and on October 1, 2018, the Plaintiff filed a civil petition related thereto with the Financial Supervisory Service. At that time, the Plaintiff re-paid the termination refund to C.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to return the amount of unjust enrichment KRW 2,007,199 to the plaintiff, as the defendant gains a profit equivalent to the refund for termination without any legal ground.

On the other hand, the defendant cannot withdraw the above termination refund due to the seizure of the account of this case, and thus cannot respond to the plaintiff's claim. However, such reason alone does not constitute a legitimate ground for refusing the plaintiff's claim under the law. Therefore, the defendant'

3. As such, the plaintiff's claim shall be accepted on the ground of its reasoning, and the judgment of the court of first instance is just as it is concluded, and the defendant's appeal is dismissed as it is groundless.

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