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1. The Defendant’s each of the Plaintiffs’ KRW 19,495,285 and each of them, shall be 5% per annum from October 7, 2013 to February 13, 2015, and 5% per annum.
Reasons
1. Basic facts
A. On November 16, 2010, E was administered with blood cancer and died. The Plaintiffs were the children of the deceased E (hereinafter “the deceased”). As co-inheritors, they were co-inheritors, and the Defendant is the relatives of the deceased.
B. The Korea Life Insurance Co., Ltd. (hereinafter “Korea Life Insurance Co., Ltd.”) and the lot damage insurance Co., Ltd. (hereinafter “slive accident insurance”) paid a total of KRW 145,119,047 on the grounds of the deceased’s disease, who is the insured of each insurance contract, as follows:
On December 4, 200, Korea Exchange Bank F account under the name of the deceased on January 7, 2010, 5,040,000 " on February 12, 2012, 200, 200, 40,000 " on April 8, 2010, 200, 60, 140, 60,000 " on November 23, 2010, 65, 10, 60, 205, 10, 60, 205, 20, 106, 205, 10, 60, 205, 20, 106, 60, 103, 50, 104, 200, 200, 106, 305, 205, 106, 205, 207, 2010.
2. Judgment on the plaintiffs' assertion
A. The plaintiffs alleged that the defendant used 126,182,254 won from the total amount of the above insurance money paid between November 26, 2009 and November 23, 2010, which was 145,119,047 won from the deceased's blood cancer treatment without any authority, after deducting 18,936,793 won from the deceased's medical expenses, and failed to return it to the plaintiffs who are the inheritors of the deceased, and thereby obtain profits equivalent to the amount of the above amount of the insurance money. The plaintiffs suffered losses equivalent to the amount of each inheritance share.
Therefore, the defendant is equivalent to the amount stated in each claim against the plaintiffs (=126,182,254 won x 1/2 respectively).