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(영문) 창원지방법원 진주지원 2018.08.09 2017가단37788

부당이득금

Text

1. The Defendant’s each of the Plaintiffs’ KRW 71,350,000, as well as 5% per annum from December 6, 2017 to August 9, 2018.

Reasons

1. Facts of recognition;

A. On September 10, 1987, the network D (hereinafter “the deceased”) and E had the plaintiffs as children under the chain of marriage.

The Deceased and E divorced on September 1, 2004.

B. The Deceased is hospitalized in a hospital after being judged at the end of May 2017 and was hospitalized in the hospital.

In August 10, 2017, the death died.

Until the end of June, 2017, F, who is the deceased, was in the care of the deceased, and the defendant, who is the deceased, was in the care of the deceased.

C. The Defendant withdrawn KRW 140,700,000,000 from the G Bank Account of the Deceased on August 9, 2017, KRW 70,000 on August 11, 2017, KRW 80,000 on August 12, 2017, and KRW 14,2.7 million on August 13, 2017, respectively.

On April 18, 2006, the Deceased concluded an insurance contract between H Co., Ltd. and the Insured with respect to “I” insurance products. On August 9, 2017, the policyholder and the beneficiary of the said insurance contract were changed to the Defendant in the inheritor.

E. On August 29, 2017, the Defendant purchased a house in the JJ of the South-Namnam-gun on the part of the money withdrawn from the deceased’s account.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, the result of this court's order to submit financial transaction information to H Co., Ltd., the witness F's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that the Defendant managed the passbook and the seal imprint of the Deceased while nursing the Deceased.

On August 9, 2017, the deceased was in the state of no consciousness on the day before death. The defendant withdrawn KRW 61 million from the deceased's account, and changed the beneficiary of the insurance contract to the defendant.

In addition, even after the death of the deceased, the Defendant withdrawn KRW 81.7 million without any authority.

Therefore, since the defendant is obligated to return the sum of the money withdrawn from the deceased's account and the insurance money of KRW 150 million, the defendant is obligated to pay each of the plaintiffs 7,6350,000 and damages for delay.

B. After the Defendant’s assertion was divorced from E, the Deceased was sent to the Plaintiffs without any contact.

The Deceased in 2017.