(영문) 수원지방법원 2016.11.08 2015가단113831

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(영문) 수원지방법원 2016.11.08 2015가단113831

손해배상(기)

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1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant is a middle school of the network D (hereinafter “the network”) and a university’s creative interest-friendly relationship.

On January 4, 2015, the Deceased died as a mountain rock, and the Plaintiff A and a senior mother, as collateral blood relatives within the third degree of relationship, inherited one-half share of the deceased’s property according to the statutory share of inheritance.

B. (1) The Defendant, upon the deceased’s request, looked at the deceased’s credit card and deposit account of the deceased who was killed in a prone cancer before his birth, and dealt with the deceased’s property-related work, such as claiming insurance money.

(2) The Defendant, at the request of the deceased who was in charge of one’s funeral procedures, served as a resident in the funeral ceremony of the deceased, paid a part of the funeral expenses of the deceased, and prepared for an answer to those who left the deceased.

C. (1) The Defendant, using the bank card received from the deceased and the password known by the deceased, transferred each of the sum of KRW 28 million from the bank account in the name of the Defendant to the one bank account in the name of the deceased (hereinafter “instant deposit account”); and KRW 28 million on January 3, 2015; and KRW 8 million on January 4, 2015, respectively.

(2) The Defendant withdrawn the sum of KRW 6 million on January 3, 2015, and KRW 5.7 million on January 4, 2015, respectively, in cash, from the instant deposit account.

(3) On January 5, 2015, the Defendant transferred KRW 6 million to the instant deposit account.

ground for recognition: A, 3, B, 1, 2, 9, 11, 13, 15, 16 (including a number; hereinafter the same shall apply), the whole purport of pleadings.

2. Determination

A. (1) The Defendant, without permission of the deceased, stolen a bank card owned by the deceased, and committed a tort of transferring or withdrawing the sum of KRW 48 million from the instant deposit account owned by the co-inheritors after the death of the deceased or the deceased.

The defendant shall pay the plaintiffs the above 48 million won for damages caused by the tort as above.

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