부당이득금반환
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for adding the following Paragraph 2 to the judgment of the court of first instance. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2.In addition, in front of the third third tier of the decision of the first instance, the following shall be added to (i) plus, in front of the third tier of the decision of the first instance:
“(2) Even if the Defendant is not obliged to pay the Deceased’s unpaid benefits of KRW 41.6 million, the Defendant paid at least KRW 600,000 to the Deceased at least KRW 600,000 per month for 32 months after combining gas costs, repair costs, etc. incurred in operating rolling stock. As such, the Defendant is obliged to pay the Deceased at least KRW 19.2 million (=60,000 x 32 months x 32 months). Since the Appointed C, D, and E inherited the Deceased’s property at least 3/7,228,572 won (i.e., KRW 19.92 million x 3/7), the Defendant has the obligation to pay the Appointor at least KRW 5,485,714 (i.e., KRW 1,9200 x 2/7) and damages for delay from each of the above amounts, from the judgment of the first instance court from 201.”
On the fifth page of the first instance court’s decision, “On the other hand,” the Defendant added “The Defendant should pay the deceased more than KRW 1,300,000 per month exceeding the amount equivalent to KRW 1.2 million per month paid to the Deceased.”
Part V of the decision of the first instance court shall add the following:
In addition, it cannot be recognized that the Defendant agreed to pay the deceased a monthly amount of KRW 600,000 per month, such as gas costs and repair costs required for the operation of the part-on vehicle. As seen above, it cannot be recognized that the Defendant would pay the deceased a monthly amount of KRW 1.2 million in addition to the monthly amount of KRW 1.3 million paid to the deceased, and that the deceased would operate the part-on vehicle for a period of 32 months, and that gas costs, repair costs, etc. shall be separately imposed on the Defendant (I) while operating the part-on vehicle.