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(영문) 창원지방법원 2015.10.07 2015가합31476
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The original Defendant is a child of C who died on February 27, 2014 (hereinafter “the deceased”), and his/her inheritance shares are 1/3, respectively.

B. From February 19, 2001 to June 29, 2009, the Deceased received KRW 495,869,190 from the Kimhae-si to June 29, 2009, and KRW 2,767,890,000 from the Sejong C&D Co., Ltd from June 17, 2004 to June 12, 2006, and kept them in the bank account under the name of the Deceased.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (including all types of numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Judgment on the plaintiff's assertion

A. The defendant's summary of the assertion is that the defendant manages the bank account of the deceased who was in custody of the above compensation, etc.

6. 23. Embezzlementing KRW 500,00,000 from the deceased’s bank account to the Defendant’s bank account without permission, and embezzlement of KRW 1,083,840,70 from the above date to March 10, 2014 by transferring KRW 1,083,840,706 from the deceased’s bank account to the Defendant’s bank account or withdrawing it without permission, such as his/her cost of living, credit card payment, etc. As such, the deceased has the liability for damages against the Defendant for tort equivalent to KRW 1,083,840,70.

Therefore, the Defendant is obligated to pay to the Plaintiff the Plaintiff the amount of KRW 361,280,235 (i.e., KRW 1,083,840,706 x 1/3, and less than KRW 1/3) and delay damages therefrom, which correspond to the Plaintiff’s inheritance shares (1/3) among the above damage claims of the Deceased.

B. First of all, as to the claim that the Defendant embezzled the money deposited in the deceased’s bank account from June 23, 2006 to February 27, 2014 when the deceased died, it is not sufficient to acknowledge it solely on the basis of the statement in the Health Team, Gap’s evidence Nos. 4 to 6, and the result of this court’s entrustment of the medical record on the head of the High School Uniform Hospital at the High School, and there is no other evidence to acknowledge it otherwise.

Rather, according to the respective descriptions of No. 1 and the purport of the whole pleadings, the statement of No. 206.

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