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(영문) 서울남부지방법원 2014.10.28 2013가단221910
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Based on H, Plaintiff A is the wife of H, and the rest of the Plaintiffs and the Defendant are children of H and Plaintiff A.

B. The Plaintiff C deposited KRW 28 million in the Plaintiff’s agricultural account (hereinafter “instant account”) on October 16, 201 and on the 18th of the same month, respectively. The Defendant deposited Plaintiff C’s instant account on November 8, 2010, respectively. The Defendant deposited KRW 6 million from the Plaintiff’s instant account on November 8, 2010 and the same month.

9. 6 million won, 6 million won on the 10th of the same month, 1 million won on December 28, 201 of the same year, 6.5 million won on February 8, 201 of the same year, and 28,002,514 won on the 21th of the same month, including the total amount withdrawn (hereinafter “the amount withdrawn”).

C. Meanwhile, H died on June 29, 201.

(hereinafter referred to as “the deceased”). D.

On April 9, 2013, prior to the filing of the instant lawsuit, the Plaintiffs filed a lawsuit against the Defendant for return of unjust enrichment in relation to the withdrawal amount. On July 27, 2013, the Plaintiffs drafted a written agreement with the Plaintiff B and the Defendant that they reflect each other’s mistakes and bear half of the hospital expenses each month until the Plaintiff’s survival. Accordingly, the Plaintiffs withdrawn the said lawsuit.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. (1) The gist of the plaintiffs' assertion (1) is that the defendant would have the deceased receive a large amount of interest on the withdrawal of this case. After bringing the passbook of this case, the withdrawal of this case was voluntarily withdrawn, which is not a legal ground, and the defendant has a duty to return the amount corresponding to each plaintiffs' share of the withdrawal of this case to the plaintiffs as unjust enrichment.

(2) Preliminaryly, the Plaintiff B and the Defendant drafted a letter of agreement of this case and promised to bear one-half of the mother’s hospital expenses. At that time, the Defendant voluntarily withdrawn the deceased’s money.

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