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(영문) 서울동부지방법원 2020.06.10 2018가합113339
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The parties’ status D, the Plaintiff, and the Defendants are children between the network E (hereinafter “the network”) and the network F (hereinafter “the network”).

B. The deceased and the deceased and the deceased and the deceased and the deceased's property management network were the management network of the property of the deceased and the deceased and died in around 1998. After the death of the deceased, the deceased and the deceased in around 2004.

Since then, the deceased mother began to manage the deceased's inherited property including the deceased's inherited property, and the plaintiff has entrusted the deceased mother with the management of the passbook and the seal.

C. Defendant B’s withdrawal, etc. (1) visit the branch of G Bank branch office of G Bank on November 16, 2010 to the G Bank account (Account Number H; hereinafter “instant G Bank account”) in the name of the Plaintiff.

(1) From 72,475,862 to Defendant C (I) applied for the transfer of KRW 72,475,862 to Defendant C (I), and the said amount was transferred on the same day (hereinafter “instant account transfer”).

(2) Defendant B withdrawn a total of KRW 75,310,000 from the J bank account under the Plaintiff’s name (hereinafter “instant J bank account”) to 38 times from December 18, 2014 to September 13, 2018.

(hereinafter “instant withdrawal”. The instant G bank account and the instant J bank account together with the instant J bank account are collectively referred to as “instant account”). D.

The defendants' inherited property division trial of the defendants filed a divisional trial against the plaintiff on April 8, 2019 on the inherited property of the deceased father and the deceased mother, and the trial is in progress.

Seoul Family Court 2019Dhap1175 / [Grounds for recognition] / [In the absence of dispute, each entry of Gap evidence 1, 2, Eul evidence 1 and 8 (including serial numbers; hereinafter the same shall apply], and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion that Defendant B transferred KRW 72,475,862 from the instant G Bank account to the Defendant C’s account on November 16, 2010 constitutes a tort since it was done without the Plaintiff’s consent. The Defendants are the Defendants.

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