손해배상(기)
1. The Defendant: (a) KRW 26,620,50 and KRW 26,620,501 respectively to Plaintiff A and each of them on June 13, 2013.
1. Basic facts
A. Family members and inheritance-related 1) died on April 7, 2006. The inherited property was jointly inherited by G, H, I, and the Defendant, who is the wife, according to each inheritance ratio (3:2:2:2) H died on November 24, 2010. The inherited property was jointly inherited by Plaintiff A, Plaintiff B, C, and D, who is the wife, according to each inheritance ratio (3:2:2).
B. F, H’s financial property management, and Defendant’s withdrawal 1) F was in charge of managing a number of financial accounts in his name, G name, Defendant’s husband’s husband’s name, and Defendant’s name. After the death of H, H managed the account. On December 10, 2010, the Defendant withdrawn KRW 180,000 from the Samsung Securities Account (K, etc.) in one’s name, and KRW 42,182,142 from the East Total Financial Securities (L) account in G’s name (hereinafter “first withdrawal”).
2) Meanwhile, H opened and managed an account in the name of the Defendant after F’s death in addition to the financial accounts opened and managed by F. Meanwhile, H opened and managed an account in the name of the Defendant.
After the death of H, the Defendant withdrawn and transferred KRW 49,284,736, Jan. 19, 201 from the accounts (M) in his/her own name, and KRW 21,13,712, Jan. 29, 201 from the accounts (N) of the former YYYYYYYYY (N).
(hereinafter referred to as “second withdrawal”). [Grounds for recognition] An absence of dispute, entry in Gap evidence 1 through 11, and Eul evidence 1 (including each number), and the purport of the whole pleadings.
2. The assertion;
A. The financial account withdrawn by the Defendant is inherited by H either solely from H or (the first withdrawal account) solely borrowed from H in the name of the Defendant (the second withdrawal account). Since the Defendant voluntarily withdraws it despite the Plaintiffs’ joint inherited property due to the death of H, the Defendant is liable to compensate the Plaintiffs for damages equivalent to the amount of the withdrawal due to such unlawful act according to the respective inheritance ratios of the Plaintiffs.
B. The defendant withdrawn.