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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. On February 17, 2017, the basic fact-finding network D (hereinafter “the deceased”) died on February 17, 2017, and the heir is the Plaintiff B, Defendant B, E, and F, the spouse of the Plaintiff A and their children, and there is no dispute between the parties.
2. The plaintiff's assertion
A. On February 2, 2017, the Defendant withdrawn KRW 90 million from the deceased’s passbook without permission. As such, the Defendant is obligated to pay KRW 24,545,454, and KRW 16,363,636, and KRW 2/11 of the inheritance shares to Plaintiff A, the heir of the deceased, among the above KRW 90,00,00,000, as compensation for damages or return of unjust enrichment from the tort.
B. The Defendant, in the face of KRW 5,724,881 on February 17, 2017, withdrawn KRW 5 million from the decedent’s passbook without permission. As such, the Defendant is obligated to pay KRW 879,802 equivalent to the Plaintiff’s share in inheritance among KRW 3,959,113, the remainder exceeding KRW 1,040,887 equivalent to KRW 2/11 of the Defendant’s share in inheritance from KRW 5,724,81 as compensation for damages or return of unjust enrichment from such unlawful act.
C. From February 2, 2017 to October 17, 2017, the Defendant withdrawn KRW 3,444,571 in total from the Plaintiff’s passbook to the Plaintiff’s passbook without permission. As such, the Defendant is obligated to pay the Plaintiff as compensation for damages or return of unjust enrichment arising from such tort.
3. Determination on the cause of the claim
A. According to the judgment on the assertion of unauthorized Withdrawal KRW 90 million and KRW 5 million, the statement of KRW 5 million No. 5 (including paper numbers; hereinafter the same shall apply), and the result of this court’s order to submit financial transaction information to G Bank, on February 2, 2017, the deceased’s account was withdrawn as a check and the said money was deposited into the account under the name of the Defendant. The Defendant was recognized to have withdrawn KRW 5 million from the deceased’s account on February 17, 2017, and the Plaintiffs submitted further.