부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The summary of the Plaintiff’s assertion and his wife obtained the Plaintiff’s deposit passbook, seal imprint book, cash card, etc. from the Plaintiff and embezzled KRW 214,770,30 from the Han Bank account (Account Number D, but hereinafter “I Bank account”) to August 23, 2013, a sum of KRW 214,770,30 from March 10, 201 to August 23, 2013, the Defendant and his wife embezzled the Plaintiff’s total amount of KRW 214,70,30 from the Ko Bank account (hereinafter “National Bank Account”) (hereinafter “National Bank Account”) account in the Plaintiff’s name (hereinafter “Account Number E; hereinafter “National Bank Account”) to KRW 30,50,700 from April 21, 201 to August 7, 2013 to KRW 30,700 from the Plaintiff’s National Bank account, and KRW 30,705,700,700.
Therefore, the defendant is obligated to return 430,210,165 won out of the above embezzled amount as requested by the plaintiff to the plaintiff as unjust enrichment.
2. Determination
A. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence 4-1 to 4, Gap evidence 5-1, 2, Gap evidence 6, Gap evidence 8, Gap evidence 15-1 to 3, Gap evidence 16-21, and the whole purport of the arguments as a result of the party examination.
1. On February 27, 2010, for medical treatment and rehabilitation due to the outbreak of cerebrovascular, the Plaintiff hospitalized in the New Village Syna Hospital from around that time to April 9, 2010, from April 9, 2010 to May 26, 2010, and from June 18, 2010 to August 31, 2010, the Plaintiff was hospitalized in the Seodaemun-gu, Seodaemun-gu, Seoul Metropolitan Government oriental medical hospital, respectively.
From May 26, 2010, the Plaintiff entrusts C with the Plaintiff’s deposit passbook, resident registration certificate, seal imprint, cash card, etc.