beta
(영문) 수원지방법원 평택지원 2021.01.14 2020가합10710

부당이득금반환

Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On June 9, 1988, the deceased E (hereinafter “the Deceased”) married with F on the part of F, and became a child to be heard by the Plaintiff, and subsequently divorced from F.

B. Defendant C is the words of the Deceased, and Defendant D is the children of Defendant C.

(c)

On February 17, 2020, the Deceased died at the H hospital located in Nam-gu G located in Nam-gu, South-gu, in the time of the Yacheon-gu.

(d)

During the period from February 15, 2020 to February 22, 2020, Defendant D transferred the sum of KRW 210,842,600 from the financial account in the name of the Deceased (I Union J, K Union L, M BankN) to the financial account in the name of Defendant D or withdrawn in cash.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. From February 15, 2020 to February 22, 2020, Defendant D withdrawn KRW 210,842,600 between the account transfer or cash transfer from the bank account in the name of the deceased between February 15, 2020 and February 22, 202. As a result, the Plaintiffs, who are the deceased, suffered damages equivalent to the above amount without any legal cause, and thereby, obtained the Defendants’ profit equivalent to the same amount. Thus, the Defendants jointly have the duty to pay to the Plaintiffs each amount of KRW 105,421,30 (=210,842,600/2) and delayed damages.

B. In light of the following facts and circumstances, which can be seen by comprehensively taking account of the overall purport of the pleadings as to the evidence and evidence Nos. 1 through 4 as seen earlier, the evidence submitted by the Plaintiffs alone was either withdrawn KRW 210,842,60 from the financial account in the deceased’s name or obtained unfair benefits by transferring the account to the account.

There is insufficient evidence to acknowledge it and there is no other evidence to acknowledge it.

1) The Plaintiff A, at its branch office in the Daejeon District Public Prosecutor's Office, has an access medium, such as the deceased's O card and the password of the card, etc. at the Daejeon District Public Prosecutor's Office's Office. As such, the Defendant A, at the financial account in the name of the deceased or his de facto deceased, who is a spouse of the deceased or de facto dead.