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(영문) 대구지방법원 포항지원 2021.02.04 2020가단102455
부당이득금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The relationship 1) The spouse E of D (hereinafter “the Deceased”) died on April 18, 2013, and the Deceased’s children are the Defendant.

2) The Plaintiff gave birth to a child while she was not married with the deceased at around 20 years of age, but she died of her child, and thereafter her marriage with F, maintains marital relations until now.

3) G visited the Deceased almost every day until the Deceased died while residing in the vicinity of the Deceased’s residence due to his/her birth.

4) H is the birth of the deceased, and H is the spouse of H, and HI did not have much exchanges with the deceased despite the request of the deceased.

5) Following the death of Defendant B’s family member on April 18, 2013, the deceased’s family member was the deceased’s deceased’s deceased’s family member who had been living together with the deceased and had been living together with the deceased, and the deceased’s family member’s family member was the deceased’s deceased’s neighboring residence around August 2013.

6) Defendant C had a director at a port with his family around November 2013, and left Korea with his family on December 30, 2017.

B. 1) On November 11, 2013, the Deceased’s disease was diagnosed by the President Park Jong-won, and he/she received surgery and hospitalization at the K Hospital from November 13, 2013 after the outpatient treatment.

2) Defendant B left the hospital for 2 days after gathering the deceased and hospitalized the deceased at the hospital. Defendant B left the hospital for 2 days, together with the Defendants and their families, and left the hospital for about 3 days and left the hospital again. In other words, Defendant B left the hospital and left the hospital as his house after releasing the deceased.

3) From November 30, 2013 to December 14, 2013, the Deceased provided medical care at Defendant B’s home. Among them, the Plaintiff stayed in Defendant B’s house from December 10, 2013 to December 14, 2013.

4) From December 17, 2013, the Deceased received aviation cancer treatment at K Hospital 12 times. During that process, there is a enemy who was accompanied by the Plaintiff or the Defendants, and a female passenger was her husband.

5) The Deceased on January 2016.

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