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(영문) 부산지방법원 2020.07.15 2019나4516
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiff is a female student of the defendant.

B. The Plaintiff and the Defendant’s father C (hereinafter “the deceased”) died on January 20, 2019, and the Defendant managed the passbook in the name of the Deceased from March 20, 2015 to February 1, 2019.

C. During the period in which the Defendant managed the passbook in the name of the Deceased, the sum of KRW 29,245,328 was deposited in each of the above passbook (including the balance deposited at the time when the Defendant started to manage each passbook), the balance of the passbook in the D Bank as of March 20, 2019 is KRW 672,631, and the balance of the E Association passbook is KRW 2,227.

[Ground of recognition] Facts without dispute, entry of Gap 1, 12, and 13 evidence, the purport of the whole pleadings

2. The parties' assertion

A. During the period of managing the passbook in the name of the deceased, KRW 29,245,408, including veterans' benefits, was deposited in the above passbook.

12,70,100 won calculated by deducting KRW 15,870,450, and KRW 672,631, and KRW 2,227 of the balance of the head of the Tong, paid by the Defendant for medical expenses, hospitalization expenses, nursing expenses, funeral expenses, etc. of the Deceased for the same period from the above money, and KRW 12,70,100,000, which constitute inherited property, and the Defendant, as co-inheritors, is obligated to return to the Plaintiff as unjust enrichment.

B. During the period of managing a passbook in the name of the deceased alleged in the Defendant, the Defendant spent more than the money deposited in each of the above passbook as medical expenses, hospitalization expenses, nursing expenses, funeral expenses, etc. of the deceased.

3. The following circumstances, which can be seen by comprehensively taking account of the overall purport of the pleadings in the statement in the evidence No. 3, namely, ① the Defendant appears to have borne most of the expenses incurred in supporting the Deceased in each of the above passbook after March 20, 2015, ② it is difficult to expect that the Defendant keep the objective evidence on all the particulars disbursed in relation to support, etc. of the Deceased, and ③ the Defendant is weak.

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