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(영문) 청주지방법원충주지원 2015.07.15 2015가단680
부당이득금 등
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s summary of the Plaintiff’s assertion and the Defendants are children of D who died on December 10, 2014.

Since July 2011, the Plaintiff provided care for the Deceased as a neglected, and paid KRW 32,622,750 in total as support fees, such as hospital expenses, drug value, and nursing expenses of the Deceased, and funeral expenses.

The Defendants shall share one-third of the above expenditure costs. The Defendants at their own expense each of the Plaintiff’s KRW 10,874,250 (= KRW 32,622,750 x 1/3). Accordingly, the Defendants are obligated to return the aforementioned expense to the Plaintiff.

2. Determination

(a) With respect to the support allowance, the support between the adult child and the parent belongs to the support obligation for the support of a living room, and the support obligation for the support of a living room is a requirement that the person having the right to support is unable to maintain his/her livelihood due to his/her own ability or labor, and that the person having the duty to support has an economic

However, there is no evidence to acknowledge that the deceased could not maintain his own life in this case, and that the deceased could not meet the above requirements for support duty.

(A) Around the time the Plaintiff started supporting the Deceased, there is a dispute over the size of the deceased’s property, but even according to the Plaintiff’s statement, the Deceased had financial property equivalent to KRW 82,00,000, and the Plaintiff managed the property. Therefore, the Plaintiff’s claim for the share of support fees against the Defendants is without merit.

B. As to funeral expenses, it is reasonable to view that the Plaintiff’s financial assets of the deceased, who supported the deceased, exceed the support fees or funeral expenses that the Plaintiff paid to the Plaintiff. The Plaintiff stated that part of the deceased’s financial assets were used as vehicle purchase expenses or deposit money for the lease on a deposit basis, and that the Plaintiff cannot demand the Defendants to share the funeral expenses that can be appropriated from the donation. However, there is no evidence to objectively verify the amount of the donation received in the funeral ceremony of the deceased.

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