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(영문) 대전지방법원 천안지원 2017.03.15 2016가단15408
부당이득금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The deceased C is the father and the defendant, and the defendant is the plaintiff.

B. On January 17, 2007, the basic balance of the deposit account (Account Number D, hereinafter “instant deposit account”) in the Plaintiff’s name was KRW 1,520,771, and on February 13, 2012, the amount of KRW 6,000,000 was transferred to C five times each from the said deposit account.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 6, the purport of the whole pleadings

2. The Plaintiff’s assertion was made by arbitrarily withdrawing KRW 30,00,000 on January 1, 2007, and February 13, 2012, from the deposit account of this case, the fact that the Plaintiff’s custody of the passbook in the Plaintiff’s deposit account, while working for the agricultural branch located in the Yansan-Gongju Daisan Dai-dong. The Defendant voluntarily withdrawn KRW 30,000,000 from the deposit account of this case.

The defendant is obligated to return unjust enrichment of KRW 31,520,771 and delay damages to the plaintiff.

3. It is not sufficient to acknowledge that the Defendant spent a total of KRW 31,520,771 in the instant deposit account by withdrawing or transferring money without the Plaintiff’s consent, and there is no other evidence to acknowledge it.

Rather, according to the overall purport of Gap evidence Nos. 1, 2, and Eul evidence Nos. 3 through 8 and the whole pleadings, the following facts are acknowledged: from Jan. 2007 to Jan. 2012, in the instant deposit account, the transaction under the name of the defendant was several cases; the defendant raised the plaintiff's children at the defendant's house for five years from 2006 to May 2006; the plaintiff filed a lawsuit against other inheritors of the network C against the claim for loans against the deceased's other inheritors, and the judgment against the plaintiff was affirmed (the Daejeon District Court Decision No. 2015Ga1799).

The plaintiff's assertion is without merit.

4. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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