손해배상(기)
1. The Defendants jointly share KRW 33,062,442 to Plaintiff A, and KRW 16,441,628 to Plaintiff C, and related thereto. < Amended by Act No. 1430, Aug. 14, 2017>
1. Basic facts
A. The plaintiff A as the spouse of the net G with intellectual disability (hereinafter "the deceased") is also a disabled person of Grade II with intellectual disability, and the plaintiff C is a minor as the child of the deceased.
B. Defendant F is the deceased’s high-class death relationship, and the deceased’s parents are left to the deceased’s parents, and Defendant E is the spouse of Defendant F.
(c)
On September 3, 2013, the Deceased died due to a traffic accident. The Defendants received KRW 76,00,000 on behalf of the Plaintiffs, and used some of them to purchase and repair the second floor of H Apartment apartment in the name of the Plaintiff A (hereinafter “Plaintiff apartment”).
(d)
On the other hand, on April 5, 2012, the Defendants sold K apartment to L for KRW 75,000,000, a mother of the deceased (hereinafter “J apartment”).
The heir of the deceased J has been a deceased's spouse M and net G before the deceasedJ dies, and there is a self-style N and net G as the heir of the deceased M, and there is the plaintiffs as the heir of the deceased G.
[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 3, Gap evidence No. 5, Gap evidence No. 6, Gap evidence No. 8, Eul evidence No. 1, Eul evidence No. 2, Eul evidence No. 5-1, and the purport of the whole pleadings
2. The parties' assertion
A. The Defendants of the Plaintiff and the deceased embezzled the agreement on traffic accident of the deceased, the lease revenue of the Plaintiff A apartment, and the inheritance portion to be received by the deceased from the purchase price of the J apartment of this case, which is the inherited property of J, with the use of intellectual disabilities by the Plaintiffs and the deceased, and therefore, they are obliged to pay damages for delay to the Plaintiff A due to tort, as compensation for damages.
B. The Defendants did not have embezzled the Plaintiff’s traffic accident agreement, the rental revenue of the Plaintiff’s apartment under the name of the Plaintiff, and the share of inheritance to be received by the Deceased from the purchase price of the J apartment in this case, and both the Plaintiffs, the Deceased, and the Deceased.