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1. The Defendant: (a) from October 30, 2015 to October 30, 2015; (b) KRW 54,14,350 to Plaintiff A; and (c) KRW 54,14,350 to Plaintiff B.
Reasons
1. Basic facts
A. The plaintiffs are children of the deceased D (hereinafter “the deceased”), and the defendant is the birth of the deceased.
B. On July 12, 201, the Defendant: (a) withdrawn and stored KRW 186 million in total from the decedent’s deposit account; (b) deposited KRW 100 million on November 24, 201; (c) KRW 30 million on May 21, 201; and (d) drafted a certificate of custody on July 18, 2012 that the Plaintiff kept the instant money in custody with the Plaintiff.
C. Meanwhile, the Deceased was diagnosed on May 31, 2012, when receiving hospital treatment from around March 3, 2009, and died of pulmonary cancer on April 18, 2014.
The defendant has been engaged in the treatment and daily life of the deceased on behalf of the deceased's children, and also in charge of the maintenance and repair of the housing owned by the deceased.
E. On May 25, 2012, Plaintiff A drafted to the Defendant a power of attorney stating that “Plaintiff A shall delegate all medical acts, such as treatment, consultation, etc., to the Defendant.”
F. The deceased’s heir is the plaintiffs and children E.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 15, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the deposit amount of KRW 62 million (=186 million x 1/3) to the plaintiffs who have succeeded to the claim of this case according to the inheritance shares, except in extenuating circumstances.
3. Judgment on the defendant's assertion
A. Defendant’s claim 1 Chapter 1: from March 2009, the Defendant supported the Deceased on behalf of the Plaintiffs who are legally responsible providers, and the Defendant entered into a delegation contract with the Deceased or the Plaintiff to manage the deposited money and to conduct affairs on behalf of the Deceased, such as concluding a medical contract on the treatment of the Deceased’s disease. The Deceased or the Plaintiff A shall be from March 2009 to November 201, 201.