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(영문) 대전고등법원(청주) 2019.07.24 2019나1436

손해배상(기)

Text

1. The plaintiffs' appeal and the selective claims added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment is as follows, except for the addition of the following '2. Additional Judgment' as to the assertion that the plaintiffs added and emphasized the selective claims added by this court, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Upon the termination of delegation, the deceased’s assertion 1) comprehensively delegated the disposal of the deceased’s financial account to the defendant. Since the deceased’s and the defendant’s living together were terminated or the delegation contract between the deceased and the defendant was terminated at the time of the deceased’s death, the defendant, who is the mandatory, shall deliver the money received from the deceased, who is the mandatory, in accordance with Article 684(1) of the Civil Act. However, as the defendant did not prove that the sum of KRW 76 million withdrawn from the deceased’s G association account (Account Number H and I) was used for legitimate purpose, the defendant shall pay the above money to the deceased, who is the inheritor of the deceased. (2) The deceased, was living together with the defendant from 2013 to 10, and the defendant could not withdraw cash from the deceased’s financial account in the name of 160,000,000 won, and the defendant could have continued to withdraw money from 160,000 won by using the deceased’s financial account.