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(영문) 춘천지방법원강릉지원 2019.01.09 2018가단32216
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is the mother of the deceased C (hereinafter referred to as the "the deceased"), and the deceased is the head of South and North Korea, and there is D, E, F, G, H, I, J, and K, and the defendant is the son of the deceased as the son of E.

B. From February 22, 2018, the Deceased was hospitalized in the L Hospital due to pain while at the end of the cancer.

C. On March 20, 2018, the Defendant: (a) found the deceased as the head of the MM association on March 19, 2018 and expressed his/her intent to terminate the term deposit contract and to donate it to the Defendant; (b) visited the M association on March 20, 2018 (P, Q, R, hereinafter “instant deposit”); (c) entered the name of the deceased on the three-dimensional deposit account (P, Q, and R; hereinafter “the instant deposit”) of the deceased’s regular deposit account deposited in MM association; and (d) confirmed that the deceased’s personal seal impression was identical to that of the deceased’s personal seal impression affixed thereon, and submitted it to find; and (c) withdrawn KRW 200,435,834 won (i.e., 120,244, 50, 12328, 308, 307, 4815, 187, 2087).

On March 22, 2018, the Deceased died on March 25, 2018 after transferring it to S Hospital.

[Ground of recognition] Facts without dispute, entry of evidence A5, 6, 24 (including a serial number), witness O's testimony, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Based on the Plaintiff’s assertion, the Defendant is obligated to return KRW 185,854,772 to the Plaintiff as unjust enrichment.

(1) On March 19, 2018, the Deceased did not have the ability to understand the meaning of the legal act because he was in a serious mental state, such as when he administered narcotics with a pain, and was under the influence of drugs.

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