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(영문) 대구지방법원 2020.09.11 2020가단107299

기타(금전)

Text

The plaintiffs' claims against the defendants are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. The plaintiff's assertion

A. The Plaintiffs are the deceased’s children as the deceased F (hereinafter referred to as “the deceased”)’s children, and the Defendants are the deceased’s children.

B. On December 15, 2019, the Deceased was in the form of blood cancer. The Defendants, who provided care for the Deceased, used smartphones and authorized certificate passwords with the deceased’s permission for the payment of medical expenses, etc., making it difficult to carry money out in the deceased’s account.

C. On December 2, 2019, the Defendants withdrawn KRW 200,000,000 from the deceased’s account without permission of the deceased, using smartphones and the authorized certificate passwords, etc. in the condition that the deceased was in critical condition and without any mental capacity.

C. Therefore, the Defendants are obligated to return the said money to the Plaintiffs, the inheritor of the Deceased.

2. According to each description of evidence Nos. 1 to 10 and evidence Nos. 1 to 5 (including paper numbers) of the board board, the deceased at the time of remitting the above money is deemed to have had the intention or capacity to make a judgment of interest.

In addition, there is no evidence to acknowledge that the Defendants received money without the deceased’s permission.

Therefore, the plaintiff's assertion cannot be accepted.

3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.