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(영문) 부산지방법원 2016.11.17 2014가단98201
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 deceased died on June 30, 2012, and D’s husband deceased on September 29, 2012, and D’s husband deceased on September 29, 2012. The deceased’s inheritors are the Plaintiff, Defendant B, F, G, H, Defendant C, I, and J.

B. The network E and D had been treated due to dementia before the death. In the case of E, the degree of dementia was serious since before 2009, and it was difficult to make an independent decision. On the other hand, D used wheelchairs due to the lack of mobility, but D did not know about the degree of dementia and did not manage its own property.

C. The Defendant C had been performing duties, such as keeping, withdrawing, and executing, etc. the account of the Deceased from before 2009 to 2009, in particular, her mother, with D’s delegation. Defendant C, upon delegation from the Defendant C around October 2009, transferred the account passbook (excluding part of the account) of the Deceased from the Deceased from the Defendant C to October 201.

[Ground of recognition] Facts without dispute, Gap's 1 through 3, and 12 evidence (if there are serial numbers, including branch numbers; hereinafter the same shall apply), witness F's testimony and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion had several savings accounts at the National Bank, Busan Bludong Branch, and Busan Central Community Credit Cooperatives, respectively. However, the Defendant C, on the basis of the fact that his parents’ account is managed, has the same year from January 8, 2009 to January 8, 2009.

7. From May 29, 2009 to March 24, 2010, the sum of KRW 332,980,40, and KRW 145,788,588 was withdrawn from the network D’s account without permission and used for personal purposes.

In addition, from October 2009 to May 16, 2011, Defendant B also manages the account of the deceased with the delegation of a punishment.

7.26. A total of KRW 100 million, from March 3, 2011 to the respective accounts of the network D;

5.As between November and 11, a sum of 200,240,765 won shall be withdrawn, without permission, for personal purposes.

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