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(영문) 서울중앙지방법원 2018.06.22 2017가합23870

손해배상

Text

1. As to Plaintiff B and C, Defendant E, each of the KRW 4,716,641, Defendant F and G, each of the KRW 5,000,000, and each of the said money.

Reasons

1. Basic facts

A. The Plaintiffs and Defendant E are summaryed with children born between the deceased H (Death on March 17, 1996) and the deceased I (Death on December 9, 2016, hereinafter “the deceased”). Defendant F is the father of Defendant E, Defendant G is the father of Defendant E, and Defendant E and F, who were born between Defendant E and F.

B. On April 5, 2016, the Deceased transferred each of the above money to Defendant G and F, respectively, KRW 50,000,000 from the J-Securities Account (Account Number: K; hereinafter “C-W Account”) under his/her name, to Defendant G and F, and to Defendant E on April 12, 2016.

C. On July 22, 2016, KRW 30,689,803, from the 1 J Securities Account under the name of the Deceased, was deposited into the L Bank Account in the name of the Deceased (Account Number: M; hereinafter “L Bank Account”). On the same day, KRW 156,623,808, from the J Securities Account in the name of the Deceased (Account Number: N; hereinafter “N”); and KRW 156,623,808 was deposited into the Deceased’s L Bank Account.

On August 9, 2015, the Deceased lived with the help of a home-based nursing staff in a state where it is difficult for him/her to move in due to an abortion accident. On August 9, 2016, the Deceased was dived with a glass window and suffered from the upper right-to-hand border.

On August 9, 2016, the Deceased was hospitalized in an emergency room of the “O hospital” and was transferred to the “P Hospital” on August 10, 2016, the following day.

The doctor Qua in charge of "P Hospital" recommended the Deceased to treat an operation, but the Deceased rejected the operation at risk.

On August 16, 2016, the Deceased died on December 9, 2016.

E. On August 24, 2016, Defendant E and F issued a certificate of personal seal for the sale of real estate by the deceased, and sold to S in the total amount of KRW 110,000,000 T apartment U owned by the Deceased.

The purchase price of the above real estate was KRW 108,946,614 in total, including KRW 7,00,000 on August 25, 2016, and KRW 8,000,000 on the same day, and KRW 108,946,614 on August 31, 2016, respectively, with the post office account (Account Number: V; hereinafter referred to as “post office account”) in the name of the Deceased, and KRW 8,00,000 on August 31, 2016.