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(영문) 대전고등법원(청주) 2019.07.24 2018나3671

손해배상(기)

Text

1. Following the termination of delegation by the plaintiffs' appeal and the change of the court in exchange for each other.

Reasons

1. The reasoning for this part of the reasoning is the same as that of the reasoning of the judgment of the court of first instance, and thus, this part of the reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. 1) Summary of the Plaintiffs’ assertion 1) The networkF for delivery of other money upon termination of delegation (hereinafter “the deceased”).

(2) The deceased and the defendant comprehensively entrusted the management of the deceased’s financial account entry and withdrawal, etc. to the defendant. The living together between the deceased and the defendant was completed or when the deceased filed the instant lawsuit against the defendant. As such, the delegation contract between the deceased and the defendant was terminated, the defendant, who is a mandatory, shall deliver the money received from the deceased, a delegating, in accordance with Article 684(1) of the Civil Act. However, as the defendant spent the whole amount of KRW 370 million,00,000,000,000,000, which was withdrawn from the G association and H association of the deceased, for personal purposes, the defendant shall pay it to the plaintiffs, the heir of the deceased. 2) Even if there was no implied delegation contract between the deceased and the defendant, in the case of the infringement of unjust enrichment, the defendant must prove that the other party to the claim for return of unjust enrichment had a legitimate title to hold the profits. The defendant's arbitrary withdrawal from the deceased’s financial account was an infringement of unjust enrichment and the defendant failed to prove his legitimate title.

B. 1) The following facts and circumstances may be acknowledged based on the basis of recognition under the following:

(1) The Deceased was living together with the Defendant from around 2013, and if necessary, such as the passbook, seal, cash card, etc. that can withdraw cash from the deceased’s financial account, the Defendant’s financial account is the deceased.