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(영문) 수원지방법원 2020.09.10 2019가단509539

부당이득금

Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On March 11, 1964, Plaintiff B and net F (hereinafter “the deceased”) had been married with Plaintiff A and G under the chain.

B. Around 1973, the Deceased had Defendant C meta with Ha, and began to live together with the Defendant from around 1983.

C. The Deceased, while continuing to live with the Defendant, filed a divorce lawsuit against the Plaintiff B around 2012 (Seoul Family Court 2012ddan52758), but the judgment dismissing the claim was rendered on May 16, 2013 on the ground that the Defendant’s claim was filed by the responsible spouse. While the Deceased filed a second appeal, the judgment dismissing the appeal was rendered on October 25, 2013, and became final and conclusive after the judgment dismissing the appeal was rendered.

Seoul Family Court (2013Reu1533) d.

Plaintiff

A transferred a certain amount to the deceased's account from 2015 to the deceased's account and provided economic support, and as the deceased was diagnosed as a liver cell cancer, A supported medical expenses, etc.

E. The Deceased died on August 12, 2018 due to inter-cell cancer.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, and 6, the purport of the whole pleadings

2. The plaintiffs' assertion

A. Plaintiff A’s assertion 1) transferred KRW 110,00,000,00 from June 2017 to August 2018, to the account of the Deceased as well as economic support for the deceased’s living expenses, etc., the amount that was not actually used for the actual treatment should be returned to Plaintiff A. The actual treatment expenses of the Deceased are limited to KRW 17,761,720, and the Defendant transferred the balance of the deceased’s account to the Defendant’s account without any legal cause. As such, the Defendant unjust enrichmentd the difference of the treatment expenses, etc. ( KRW 110,00,000,000 - 17,761,720,000). The Deceased returned the said amount and damages for delay to the Plaintiff. 2) The Deceased’s donation was in sight of the Plaintiff’s donation to the Plaintiff due to an indication, etc. on the economic support, etc. of the Plaintiff’s Mano and its damages for delay.

In addition, the Plaintiff A, before the Deceased’s birth, supported the instant copt and Nitweg by supporting the Deceased.