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(영문) 서울동부지방법원 2017.07.06 2016가합102625
부당이득금
Text

1. Defendant B’s KRW 181,807,310 as well as 5% per annum from April 15, 2016 to July 6, 2017 to the Plaintiff.

Reasons

1. The Plaintiff is the only child of F (hereinafter referred to as “the deceased”), and Defendant E is the mother of the Deceased, and Defendant B, C, and D is the sibling of the Deceased.

On the other hand, after having married with G on June 17, 1989, the Deceased repeated marriage with his/her female on one occasion with his/her marriage, but did not resume after having divorced from G on April 22, 2013.

The Deceased was hospitalized in Samsung Seoul Hospital on September 22, 2015 and died on September 30, 2015, because pulmonary tuberculosis aggravated by suffering from from January 1, 1994.

As of September 16, 2015, the deceased deposited 170 million won in his own Nonghyup Bank account (number H; hereinafter “the Nonghyup Bank account”) and 50 million won in his account in the SBI (SBI) Savings Bank account (hereinafter “the savings bank account of this case”). On the same day, the deceased withdrawn 160 million won in cash and 160 million won in face value as a check (number J; hereinafter “the first check of this case”). On September 21, 2015, the deceased withdrawn 50 million won in full in face value as a check of this case (hereinafter “the check of this case”). On the same day, upon cancelling the savings bank account of this case, the deceased withdrawn 10 million won in cash and 160 million won in face value as a check of this case (hereinafter “the check of this case”).

(C) On October 1, 2015, the check number No. 1 and No. 1 were presented to the SB Savings Bank, and the check number No. 1 and No. 2 were received in cash from the said Bank, and the check No. 1 and No. 2 were deposited to the one bank account under the name of the said Defendant (P number) between October 1, 2015 and October 6, 2015.

[Ground of recognition] A. A. 1 to 7, 10 to 12, 17 to 29, without dispute.

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