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(영문) 전주지방법원 2015.12.04 2014나1518

부당이득금반환

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1. All appeals filed by the plaintiffs and selective amendments made in the trial are dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. E received cancer diagnosis and received KRW 40,053,877 as cancer insurance money from the Kandong Life Insurance Co., Ltd. (hereinafter “Kandong Life Insurance Co., Ltd.”) on August 11, 2005. The said money was transferred to the account in the name of the Defendant Jeonbuk Bank in the name of the Defendant.

B. Around August 2005, E received cancer diagnosis insurance money from the Cambodia (hereinafter “AI Bio-resources”) on September 5, 2005 (i.e., KRW 21,354,068 (i.e., KRW 20,073,173,173,280,895), and the said money was deposited into the Agricultural Cooperative (H) account.

C. Thereafter, E died on March 7, 2006, and there was Plaintiff B, C, Defendant, F, and G as his wife’s heir. D.

On April 6, 2006, the defendant received KRW 22,068,30 as the co-inheritors's representative of co-inheritors the death benefit amount of KRW 22,068,30 as the person entitled to receive insurance proceeds as the legal heir of E. On March 31, 2008, the plaintiff A received KRW 5,274,560 as the death benefit amount of AI life as its own agricultural bank account (I).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 6-2, Gap evidence 11, Eul evidence 4 and 9, the purport of the whole pleadings

2. The Defendant asserted that the Plaintiff received KRW 62,122,177 (i.e., KRW 40,053,877 death insurance money of KRW 22,068,30) from school life life, and received KRW 26,375,188 (i.e., KRW 21,354,068 death insurance money of KRW 5,021,120) from AI life through the account of E and Plaintiff A.

Therefore, for the following reasons, the defendant is obliged to pay to the plaintiffs the amount equivalent to the plaintiffs' respective inheritance shares.

The defendant did not return each of the above insurance proceeds to the plaintiffs, who are successors, without any legal ground, acquired the benefit equivalent to the amount of the plaintiffs' share of inheritance among the above insurance proceeds, and caused damage to the plaintiffs.