부당이득금
1. Defendant B shall pay to the Plaintiff KRW 43,467,79 and a rate of 20% per annum from March 25, 2014 to the date of full payment.
Basic Facts
The network D and E were married on September 14, 2007, but without awareness, the network E died on November 23, 2013, and the network D respectively on February 9, 2014.
The plaintiff is the mother of the deceased D, and the non-party F is the father.
Defendant B is the mother of the network E, the father of the non-party G, and the defendant C is a birth.
The network D received insurance money of KRW 160,000,000 from the Korean Life Insurance Company due to the outbreak of 2011.
On October 26, 2011, the network D purchased H apartment No. 101 Dong 407 in the name of Defendant C and completed the registration of ownership transfer by taking into account KRW 135 million out of the above insurance money.
On April 5, 2012, the network D used 3,000 won as collateral for the above apartment under Defendant C’s name and used it as living expenses, etc.
On November 8, 2001, the network E purchased the insurance of the future life insurance company that pays insurance money upon death or disability of class 1, 2001, and the contractor, beneficiary, the insured, and beneficiary was designated as heir E and beneficiary at the time of death.
The network E was hospitalized in the National Cancer Center from November 11, 2012, and received medical treatment.
On January 30, 2013, the network E changed the contractor and beneficiary of the above insurance into Defendant B at the time of death, and filed a claim for insurance proceeds with the company on September 13, 2013 due to class 1 disability caused by two aggregates.
On November 11, 2013, the future life insurance company deposited insurance money of 101,424,866 won with the net E's national bank account.
Defendant B, on November 14, 2013, deposited KRW 30 million, KRW 30 million on November 13, 2013, KRW 130 million on November 13, 2013, KRW 30 million on November 14, 2013, KRW 9.8 million on November 15, 2013, and withdrawn KRW 11.5 million on November 15, 2013.
The network E was in a situation where communication was impossible after November 1, 2013, and died on the 23th day of the same month.
On January 28, 2014, Defendant B deposited KRW 70 million with the Plaintiff’s account of Nonparty I, a member of Nonparty B, a member of the Plaintiff.
The network D also died on February 9, 2014 as the General Cancer.
On March 5, 2014, the Plaintiff is the F department and the network E, the property of the network D.