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1. The Defendant: (a) KRW 7,100,000 for the Plaintiff and 5% per annum from December 23, 2017 to November 13, 2018; and (b).
Reasons
1. The Plaintiff’s assertion is the Plaintiff’s wife as the wife of the Plaintiff’s son C (Death on November 23, 2016), and the Plaintiff was obligated to withdraw KRW 34.7 million from the Plaintiff’s account to make payments of the Plaintiff’s hospital without permission and make embezzlement for personal use. As such, the Plaintiff’s assertion was obligated to return it as unjust enrichment or compensation. ② The Plaintiff and the Defendant are obligated to lease the Plaintiff’s land and the building on the land (hereinafter “instant real estate”) owned with 1/2 shares, and to make profits equivalent to KRW 8.6 million from the Plaintiff’s share as unjust enrichment or compensation. ③ At the time of the Plaintiff’s death, the Plaintiff could lend KRW 10,426,470 from the Plaintiff’s account to the Defendant to pay inheritance tax, thereby allowing the Defendant to pay inheritance tax.
2. Determination
A. The Defendant requested the return of the amount withdrawn from the Plaintiff’s account under the Plaintiff’s name, using the Plaintiff’s quasi-cash card, withdrawing KRW 34.7 million from the Plaintiff’s account from February 24, 2016 to July 21, 2017, and recognizing that KRW 6.8 million was used as the Defendant’s living cost without the Plaintiff’s consent. As such, the Plaintiff is liable to pay 6.8 million as unjust enrichment or damages, and delay damages therefrom.
However, the defendant asserts that all of the money exceeding KRW 6.8 million was used as hospital expenses or nursing expenses of the plaintiff, and the defendant embezzled the excess amount.
As to the fact that the plaintiff benefits or benefits without any legal ground, it is still necessary to present evidence to the effect that the evidence submitted by the plaintiff is insufficient to recognize it, and there is no other evidence to acknowledge it.
B. The Defendant filed a claim for return of the rental proceeds from the instant real estate for three months.