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(영문) 서울중앙지방법원 2015.01.27 2013가단5117331
부당이득금
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 100,000,000 and the period from July 31, 201 to October 24, 2013.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants are children of net G (Death on July 17, 2001) and net H (Death on July 20, 2009).

B. On February 22, 2007, the Plaintiff kept 100,000,000 won to the Defendants.

C. On July 8, 2011, the Plaintiff notified the Defendants of the return of the said KRW 100,000,000 by the content-certified mail until July 30, 2011.

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

2. Determination

A. According to the above facts of recognition as to the cause of claim, it is reasonable to deem that a deposit contract between the Plaintiff and the Defendants was terminated due to the Plaintiff’s expression of intent to terminate the contract. Thus, barring any special circumstance, the Defendants are jointly and severally liable to pay the Plaintiff KRW 100,000,000 and damages for delay.

B. As to the determination of the Defendants’ assertion, the Defendants asserted that the Plaintiff’s KRW 100,00,000, which the Plaintiff left to the Defendants, may not comply with the Plaintiff’s claim, on the ground that, in order to prepare for an additional collection charge due to the inheritance tax and tax investigation that may occur when the Plaintiff died, the Plaintiff kept in accordance with the agreement to share KRW 100,000,000, and his/her married children with the intention to share KRW 50,000,000, and that the deceased H’s inheritance problem has not been resolved, and thus, it is necessary to keep

The following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the arguments in the statements in Gap evidence Nos. 1 through 11 and Eul evidence Nos. 1 through 12, namely, (1) lack of evidence to acknowledge that the reason why the plaintiff kept 100,000,000 won to the defendants, was to prepare for inheritance tax, etc. following the deceased H's death; (2) the net H died on July 20, 209; and (3) the inheritance tax has already been treated as payment in kind on July 2010; (4) there is no fact that one of the children is responsible for 10,000,000 won; and (4) the defendant D and F already terminated the deposit relationship with the defendants according to payment in kind.

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