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1. Defendant (Counterclaim Plaintiff) B: (a) KRW 51,534,615 against the Plaintiff (Counterclaim Defendant) and its related amount from April 6, 2017 to February 14, 2018.
Reasons
1. Determination on the main claim
A. (1) The facts under the recognition of the facts pertaining to the cause of the claim are either a dispute between the parties, or may be acknowledged by adding the whole purport of the pleadings to Gap 1 through 4, 6, 7, 9, 10, 11, 3, 4, and 5, and the response of the Korea Post to submit a report.
(A) On November 27, 1997, the Plaintiff is the spouse of D who completed the network D and the marriage report, and the Defendants are the children of the former wife of D. After D died on May 20, 2013, the Defendants jointly inherited the property at the rate of 3:2:2.
(B) Around June 17, 2013, Defendant B agreed with the Plaintiff and the Defendant C’s representative with respect to the amount of insurance money arising from D’s death as KRW 69,911,680, and received the payment.
(C) On June 14, 2013, Defendant B terminated the Korea Post’s savings account, received KRW 288,590, and received KRW 288,590 on September 11, 2013, and received KRW 2,893,687 upon D’s withdrawal from the FF Cooperative members. On October 24, 2013, Defendant B terminated the FF Cooperative’s self-reliance deposit account and received KRW 8,17,191.
(D) After Defendant B received a passbook from the Plaintiff, Defendant B deposited KRW 1,00,000 from the said account on June 24, 2013, and deposited KRW 38,162,149 on a total of 50 occasions between September 5, 2014 and September 5, 2014.
(2) According to the determination (A) of the judgment, since the sum of KRW 81,271,148 ( KRW 69,91,680 + KRW 288,590 + KRW 2,893,687 + KRW 2,893,687 + KRW 8,177,191) of the Plaintiff’s inheritance portion of KRW 34,830,492 and the Plaintiff’s deposit withdrawn by Defendant B constitutes a benefit obtained without legal cause, Defendant B is obligated to return KRW 72,92,641 ( KRW 34,830,492 + KRW 38,162,149, KRW 392 + KRW 38,162,149) of the Plaintiff’s death benefit and deposit, etc., barring special circumstances.
(B) The Plaintiff divided the death insurance money, deposits, etc. of Defendant C and D.