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(영문) 대구지방법원포항지원 2019.09.26 2018가합11690
부당이득금
Text

1. The Defendant: 66,66 won; 444,44 won to Plaintiff A; 44,444 won to Plaintiff C; 44,44 won to Plaintiff D; and 44,444 won to Plaintiff D.

Reasons

1. Basic facts

A. The network F (hereinafter “the network”) was the owner of a power-driven G (hereinafter “G”). On July 15, 2017, the operator died during the operation on the 32 nautical miles north-dong, Chungcheongnam-gu, Jeju Island.

B. The plaintiff A is the deceased's spouse, and the plaintiff B, C, and D are the deceased's children.

C. The Deceased operated various projects, including the activities using G, and the Defendant worked as the head of G’s office with the Deceased, as the decedents of the Deceased.

The defendant took charge of various duties necessary for the management of the deceased's various businesses, such as the handling of expenses related to G, etc., payment of seafarers' wages, and fishery product supply contract

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6 (including each number; hereinafter the same shall apply), Eul evidence 1 to 14, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant is obligated to return KRW 18,600,000, out of KRW 205,550,000 that the Deceased remitted to the Defendant from March 1, 2016 to October 7, 2017, KRW 18,60,000 as of March 1, 2016, KRW 6,00,000 as of June 23, 2016, KRW 10,000 as of December 18, 2016, KRW 6,00,000,000 as of KRW 10,000,00 as of December 18, 200, KRW 10,150,000 as of December 23, 2016, KRW 30,000 as of KRW 10,00,00, KRW 300 as of June 16, 2016, KRW 200.

② From July 20, 2017 to August 4, 2017, Plaintiff A remitted to the Defendant with the deceased’s money, KRW 14,600,000 as of July 20, 2017, KRW 14,600 as of July 20, 2017, KRW 9,600,000 as of July 22, 2017, KRW 2,000,000 as of July 25, 2017, and KRW 2,000,000,000 as of August 4, 2017 (hereinafter “instant KRW 2,00,000 as of August 4, 2017”). As such, the Defendant is obligated to return the Plaintiffs, the deceased’ heir, to the extent of unjust enrichment.

③ Plaintiff A from October 14, 2016.

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