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Reasons
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(영문) 서울중앙지방법원 2017.01.18 2015가단5399540
보관금
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. D(E) had seven souths, including the Plaintiff, under the slot, and the Defendants are the births of the Deceased.

B. D requested the Defendant B, a birth, to keep the custody in cash, with the sum of KRW 44 million around January 19, 2007, and KRW 46 million around February 26, 2007, and KRW 90,66 million around February 26, 2007.

C. D Around April 2013, 2013, was hospitalized in the F Convalescent Hospital, and on August 7, 2013, was admitted to the G Care Center and died.

At the time, Defendant B entered into a contract for admission to the hospital, and the cost of the hospital was also paid by Defendant B.

D died on June 14, 2015

(hereinafter referred to as “D”). After having a funeral of the Deceased, the Plaintiff laid the Deceased in a “H” charnel.

E. After Defendant B paid KRW 15,090,00 for all kinds of expenses, such as the funeral hall usage fee of KRW 8,905,100, and charnel usage fee of KRW 2,625,00,00 after the deceased’s death, Defendant B divided the remaining money to 7 South-Nams, a heir.

Therefore, Defendant B calculated 6.1 million won per capita for the remaining money, and remitted 36.6 million won in total to six children except the Plaintiff.

F. As to the claim against the Plaintiff based on the Seoul Central District Court Decision 2013Gahap17235, Seoul Central District Court Decision 2013Gahap17235, the amount claimed is KRW 850,502,826, and as to the claim for return of custody money that the Plaintiff owned against the Defendant B (the deceased who entrusted the custody of cash in paragraph (b) to the Defendant and died and thus died and thus inherited by the Plaintiff), I received a seizure and collection order.

I then filed a lawsuit against Defendant B with the Seoul Central District Court 2015 Ghana574128, and on April 6, 2016, the court rendered a judgment that “Defendant B shall pay I 6.1 million won and interest thereon at the rate of 15% per annum from January 8, 2016 to the date of full payment,” which became final and conclusive around that time.

Defendant B as of April 15, 2016

5. 17. Two times remitted 6,650,178 won in total to I.

[Reasons for Recognition]

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