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(영문) 인천지방법원 2019.09.27 2019나55630
부당이득금
Text

1. The plaintiff's claims that the court changed in exchange for the defendants are all dismissed.

2. Action.

Reasons

1. The Plaintiff’s assertion D (hereinafter “the deceased”) left the passbook owned by the deceased to Defendant B (hereinafter “the instant account”) around 2007. However, Defendant B, in collusion with Defendant C, who is his head and Kimpo-si Fri (hereinafter “Fri”), a senior citizen, was the head of the instant account and used KRW 3 million on August 30, 2007 and KRW 2 million on September 10, 2007 without authority.

따라서 피고들은 망인에 대하여 횡령의 공동불법행위로 인한 손해배상채무 1,000만 원(재산상 손해 500만 원, 위자료 500만 원)을 부담하고, 망인의 배우자인 원고는 망인의 손해배상채권을 상속하였으므로, 피고들은 연대하여 원고에게 3,330,000원(≒ 1,000만 원 × 원고의 상속분 3/9)과 그 지연손해금을 지급할 의무가 있다.

2. In full view of the purport of the pleadings No. 6 (including paper numbers, hereinafter the same), it is recognized that the remaining amount at the time of termination of the instant account was deposited in the Defendant C’s account (hereinafter “Defendant C account”) with the cashier’s checks on August 30, 2007 and the cashier’s checks on September 10, 2007, respectively, and on December 31, 2007, the remaining amount at the time of termination of the instant account was deposited in the Defendant C’s account (hereinafter “Defendant C account”).

However, the following facts are acknowledged based on the overall purport of the arguments in Eul evidence Nos. 6, 10, and 11. In other words, the deceased was the head of Friri by the end of 2007, and the defendant C was the deceased and was in charge of the senior citizens' president from January 1, 2008, and the defendant C was in charge of the senior citizens' president from January 1, 2008. <2> According to the accounting books of Fririly Seniors' meeting in the year 2007, the Frilys' meeting was spent in the amount of KRW 3 million on August 30, 2007 and paid KRW 2 million on September 10, 207 as the "Criwon Construction Expenses". This is consistent with the date and amount of money withdrawn from the account of this case, ③ the amount deposited in the defendant C account as the date of December 31, 2007, and the above amount was deposited in the defendant C account.

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