손해배상 청구의 소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, Defendant B, and D, E, and F are children of the network G, and Defendant C are the wife of Defendant B.
The Deceased died on August 5, 2008, and the wife of the Deceased had already died before the Deceased died.
[Ground of recognition] A without dispute, entry of Gap evidence 6, purport of whole pleadings
2. The plaintiff's assertion
A. The Defendants, from May 2002 to February 5, 2008, embezzled KRW 249,110,185,185, out of KRW 371,535,50, which the Defendants voluntarily consumed the deceased’s cash and deposits for personal purposes (H and I) from May 2002 to February 5, 2008. < Amended by Act No. 1866, Mar. 30,30,000; Act No. 3666,30,000, which was withdrawn from the new bank account (J) in the deceased’s name (J) and KRW 16,486,00,000, KRW 3,684,483,00,000, which was KRW 1,284,483,483,000, which were owned by the deceased, regardless of their intent to consume the deceased’s property from May 20, 2002.
Due to the above tort committed by the Defendants, the Deceased owned the Defendants’ right to claim damages in KRW 2,079,893,185 before the death, and the said right to claim damages due to the death of the Deceased was inherited by the inheritor’s share in inheritance.
Therefore, the Defendants jointly have a duty to pay to the Plaintiff, one of the co-inheritorss of the deceased (=2,079,893,185 won x Plaintiff’s inheritance share 1/5,1,000 won) and damages for delay from August 5, 2008, on which the deceased died.
B. Preliminary Claim - The Deceased’s claim for restitution of unjust enrichment and the Defendants had a delegation relationship on the management of the deceased’s property, and the above delegation relationship terminated as the deceased died. As such, the Defendants have no legal grounds for holding the deceased’s property.