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(영문) 광주지방법원 2019.11.20 2018가단534797

손해배상(기) 및 부당이득금청구

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1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

A. The Plaintiffs and Defendant G are children of the deceased J (hereinafter “the deceased”).

B. The Deceased opened and managed a deposit account in the name of Plaintiff B, D, E, and F in Defendant I Cooperatives.

C. On July 3, 2017, Defendant G terminated the deposit account (IFK account; hereinafter “instant account”) in the name of the deceased’s agent, and received KRW 10,013,110,00 from the principal amount and interest amount calculated by deducting taxes from KRW 13,290.

[Based on the premise that there is no dispute, Gap evidence Nos. 1 and 2, and Eul evidence Nos. 1 and 18 (including a serial number; hereinafter the same shall apply), and the purport of the entire argument of the plaintiffs as to the purport of the argument by the plaintiffs as to the whole. The deposit account in the plaintiffs' name including the account of this case was managed by the deceased before the birth between the deceased and the plaintiffs, and had the plaintiffs jointly use after the deceased's death. The defendant G cancelled the account of this case without the consent of the deceased and used 10,000,000 won of the money deposited in the above account at face value 10,000,000 won of the money deposited in the above account without the consent of the deceased, and the defendant H made the account of this case termination without the consent of the deceased to receive 10,000,000 won of face value 1,000,000 won of the money deposited in the above account. The defendant I neglected the management and supervision over the defendant H.

The judgment of this court is examined as to whether Defendant G arbitrarily terminated the instant account without the consent of the Deceased and received KRW 10,000,000 and arbitrarily consumed.

According to Gap evidence Nos. 6 and 7, the defendant G was due and due and due to the expiration date at the investigation agency, and the account of this case was terminated at the time of termination.