손해배상(기)
1. The Defendant: (a) within the scope of the property inherited from the deceased C, KRW 45,00,000, and the Plaintiff as to the said KRW 45,000.
Basic Facts
The Defendant’s ASEAN (hereinafter “the deceased”) committed a crime of fraud by using computers, etc. (hereinafter “instant tort”) against criminal facts, etc. in collusion with the following: “The Defendant acquired a pecuniary benefit of KRW 60 million in total from the Plaintiff around January 30, 2019: (a) in collusion with the Defendant’s personnel of singinginging and painting, D, E, and F, etc.; and (b) subsequently, the Defendant was prosecuted for committing the crime of fraud by using computers, etc.
(T) On August 19, 2019, the deceased died in the Daegu Detention House on August 13, 2019, and was dismissed by the Daegu District Court on September 19, 2019.
On September 19, 2019, the Daegu District Court sentenced D to two years and six months of imprisonment with labor for computers, etc., and two years of imprisonment for E (2019No1800), D and prosecutor’s appeal on January 10, 2020 ( Daegu District Court 2019No3741), and D’s appeal on April 9, 2020 was dismissed (20Do1626), and the judgment of conviction against D and E became final and conclusive around that time (200Do1626).
On January 21, 2020, the Defendant, as the sole inheritor of the Deceased, reported the qualified acceptance (hereinafter “instant qualified acceptance”) in the inheritance of the Deceased’s property under the Daegu Family Court Decision 2020Ra1071, and the said court rendered a ruling of acceptance of the report of the qualified acceptance on May 12, 2020.
Meanwhile, the Defendant paid the decedent a provisional holding amount of KRW 600,000 on May 24, 2019 and KRW 200,000 on July 25, 2019, but received the remaining provisional holding amount of KRW 322,784 from the Daegu Detention House on August 14, 2019 following the deceased’s death (hereinafter “instant provisional holding amount”). The instant provisional holding amount was not included in the inventory at the time of the report on the qualified acceptance.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, and the fact-finding results on Daegu detention center of this court, which are obvious facts to this court, and the purport of the whole pleadings.