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(영문) 부산지방법원 2016.11.18 2016나6030
보관금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The Plaintiff is a woman born between the deceased D (hereinafter “the deceased”) and B, and the Defendant is a woman of the deceased D and the Plaintiff’s mother.

After the death of the deceased, B was in de facto marital relationship with the deceased and was designated as a person with parental authority by requesting a judgment on designation of a person with parental authority for the plaintiff.

B. On October 2014, the Deceased sold to G 19.8 million won (hereinafter “instant purchase price”) under F’s brokerage for small freight truck attachment II (E) for its business use, and F, upon receiving the instant purchase price from G, remitted the instant purchase price to the Defendant’s bank account of H on October 17, 2014 and on October 18, 2014, to which the Defendant managed, he/she deposited KRW 10 million on October 17, 2014 and KRW 9.8 million on the same month.

C. The Deceased died on December 14, 2014, and the Plaintiff is the only heir of the Deceased.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 7 (including provisional number), the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the purchase price of this case 19.8 million won to the plaintiff as the inheritor of the deceased, unless there are special circumstances.

B. Defendant’s defense 1) The Defendant’s defense defense to the effect that the Plaintiff (B) paid KRW 18 million to the Plaintiff through I is insufficient to acknowledge it only by the descriptions of the evidence Nos. 1, 1, and 3, and there is no other evidence to acknowledge it (as a result of the statement No. 1, the Defendant’s defense is acknowledged that the sum of KRW 20,70 million was transferred to I from the H’s account managed by the Defendant to October 27, 2014 to the 30th of the same month, but there is no evidence to acknowledge that I paid part of the said money to B.

However, it appears that B received money equivalent to KRW 4 million from I, but in light of the description of evidence A8 and Nos. 9, this is to I before the death of the deceased.

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