logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.09.20 2016가합49255
부당이득금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

Basic Facts

Plaintiff

A (ma), Plaintiff B (ma), Plaintiff C (mama), Defendant D (mama), and net F (mama, Death on July 12, 2007, hereinafter “the network F”), G (mama), are children of H, and Defendant E is the husband of Defendant D.

H (hereinafter “the deceased”) died on December 19, 2015.

The Plaintiffs, Defendant D, and G inherited the Deceased in 1/5 each.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 1 and 3 (including the number of pages), the summary of the argument of the parties to the whole purport of the argument, the plaintiffs, from August 2007 to December 19, 2015, the deceased's death day, and the defendant's withdrawal from the deceased's account without permission, from around August 12, 2007 to December 19, 2015, the passbook No. 10,000,000, the net F's I No. 107,149,730, and the net F's retirement pay of KRW 444,863,097, 400, 400, 407, 407, 907, 1000, 400, 107, 400, 400, 97, 1004, 1005, 1000.

The Defendants, without any legal cause, embezzled the deceased’s property or wrongfully gained profits, should pay each of the Plaintiffs, who succeeded to the claim for damages from unlawful acts or the claim for return of unjust enrichment equivalent to KRW 561,949,730, which the deceased had against the Defendants, according to statutory shares in inheritance (i.e., KRW 561,949,730 x 1/5,000 x 1/5).

With the delegation by the Defendants, only carried out the financial business of the Deceased, and there is no embezzlement or unjust enrichment of the Deceased’s property in terms of property management.

Judgment

According to the contents of evidence Nos. 4, 1, 6, and 18 of the deceased’s deposit account Nos. 4, 1, 6, and 18 of this Court, the results of fact inquiries and the whole arguments against the Dongsung Agricultural Cooperatives, Nonghyup Bank, and the National Bank, the deceased’s account

arrow