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(영문) 창원지방법원 마산지원 2018.08.16 2017가단105398
손해배상(기)
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 61,129,120 and KRW 61,124,820 among them, Defendant B’s remaining 4.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff is the deceased E on June 15, 2016 (hereinafter “the deceased”).

A) The deceased was married with the deceased on June 21, 2017. Around 16:35, the deceased died as waste cancer. 2) The deceased’s heir, the deceased’s spouse (3/5 shares in inheritance), and the mother-child F (2/5 shares in inheritance), and Defendant B and C are the births of the deceased, and Defendant D is the spouse of Defendant C.

B. The Defendants’ money in the name of the deceased was withdrawn 1) The Deceased, who was in the form of pulmonary cancer, aggravated around 16:0 on June 18, 2017, and attached an artificial absorption device at the hospital. (2) The Defendant B withdrawn KRW 61,024,700 on a total of 21 occasions from the Gyeongnam Bank Account (G; hereinafter “Seoul Bank Account”) from June 18, 2017 to June 21, 2017, immediately after the Deceased’s attachment of the artificial absorption device.

3) Defendant B’s account (H; hereinafter “instant Nonghyup Bank account”) and Defendant B’s account collectively referred to as “each of the instant accounts” in the Nonghyup Bank and Gyeongnam Bank account.

(4) From June 20, 201 to his own account, Defendant B deposited KRW 40,00,000 on June 20, 2017, and KRW 7,167 on June 23, 2017, respectively. Defendant B withdrawn KRW 40,00,000 on eight occasions from the bank account of this case as indicated in attached Table 2 from June 20 to June 21, 2017, and delivered it to Defendant C and D.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7, 9 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion that Defendant B withdrawn and transferred money deposited in the instant Nonghyup Bank account without permission. The Defendants conspired to withdraw and transfer money deposited in the instant Gyeongnam Bank account without permission, thereby causing damage to the deceased. As such, Defendant B, the inheritor of the deceased, and Defendant B, the entire amount withdrawn and transferred from each of the instant accounts.

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