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(영문) 청주지방법원 2019.02.13 2018가합3981
손해배상(기)
Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. As the heir of the deceased F (hereinafter “the deceased”), the Plaintiffs are the wife of the deceased, and the Plaintiff B, C, and D are the children of the deceased.

B. From around March 13, 2014 to August 2017, the Defendant withdrawn KRW 15,000,000 from the G Association account (H) in the deceased’s name on March 13, 2017, and KRW 61,00,000 in total from the G Association account (I) in the deceased’s name on March 16, 2017.

C. Meanwhile, from May 18, 2017 to July 13, 2017, the Deceased died on December 18, 2017 when he/she received hospitalized treatment as waste cancer.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Gap evidence 8-5, Gap evidence 8-6, Eul evidence 3, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiffs asserted that the Defendant voluntarily withdrawn and used KRW 76,00,000 in total from the G Association Account in the name of the Deceased on March 13, 2017 and KRW 76,00,000,000 on March 16, 2017 without any title. As such, the Defendant is obligated to pay damages or losses incurred therefrom to the Deceased. Accordingly, the Plaintiffs, the heir of the Deceased, seeking payment of the amount as stated in the purport of the claim against the Defendant.

B. The defendant's assertion that the deceased was aged, and instead, he did not withdraw the above amount claimed by the plaintiffs from the account in the deceased's name instead of using letters well. The majority of the withdrawn amount was used as the land price, construction cost, living expenses, etc. purchased by the deceased. The defendant cannot accept the plaintiffs' claim on the ground that he embezzled the above amount or did not have unjust enrichment without any legal ground.

3. In the following circumstances, the Defendant’s death around August 2017, which is recognized as adding up the respective descriptions and arguments of the evidence Nos. 1 through 4 as the above basic facts.

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