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(영문) 서울북부지방법원 2015.11.26 2014가단132898
채무부존재확인
Text

1. The Plaintiff’s KRW 20 million donated by D on May 14, 2013 to the Defendants, respectively, KRW 2,857,142.

Reasons

1. Facts of recognition;

A. D was hospitalized in F in Dobong-gu Seoul, Dobong-gu, Seoul on August 25, 2012, and suffered from an anti-corrosion and anti-corrosion.

B. Samsung Bio-resources Co., Ltd., which entered into an insurance contract with F, filed a lawsuit seeking confirmation of non-existence of obligations against D by this Court No. 2013M459.

On April 19, 2013, the Court rendered a decision in lieu of conciliation that “The three-dimensional life shall pay to D 20 million won by May 15, 2013, and if the above money is not paid by the payment date, by adding 20% interest per annum from May 16, 2013 to the full payment date” and the above decision was finalized on May 9, 2013.

C. Samsung Bio-resources paid KRW 20 million to the head of the Tong on May 14, 2013 according to the above decision. D.

D died on November 10, 2013, and the Plaintiff, the Defendants, G, H, and I were jointly inherited.

[Reasons for Recognition] Facts without dispute, Gap 1 through 3, 12, and 13, and the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The Plaintiff asserted that, following the decision of the court in lieu of the conciliation 2013s. 459 conciliation, D donated 20 million won of the agreed amount received from Samsung Bio-resources (hereinafter “instant agreed amount”) on May 14, 2013 to the Plaintiff who supported D, the Plaintiff did not have any obligation to return the amount equivalent to the Defendants’ inheritance shares out of the instant agreed amount to the Defendants as unjust enrichment.

The Defendants asserted that D is not a donation to the Plaintiff, but the Plaintiff arbitrarily transferred the instant agreement to its own passbook, and that the Plaintiff is obligated to return the money equivalent to the shares of each Defendants to the Defendants, who are co-inheritors of D.

B. According to the evidence evidence No. 2, D received KRW 20 million from Samsung Bio-resources on May 14, 2013, and on the same day, it received KRW 20 million from the Plaintiff bank account.

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