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(영문) 대구지방법원서부지원 2017.10.25 2017가단53221
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are both children of C, and they are siblings.

B. C was diagnosed on May 2015, and was hospitalized in a hospital on September 7, 2015, and died on February 3, 2016.

C. C had opened a military account in its name (Account Number D; hereinafter “instant account”) for a considerable period of time, received the price of agricultural products supplied in its name to the said joint market, including Nonghyup, through the said account, and received various pensions, etc. from the said account for a considerable period of time. In addition, C has spent all public charges and other expenses through the said account for the same period.

Meanwhile, from the instant account of C, the sum of KRW 5 million on February 15, 201, and KRW 7 million on June 25, 2015 was transferred to the Defendant, and KRW 26 million on October 26, 2015 to E, who is the Defendant’s wife, KRW 5 million on February 12, 2016, respectively.

E. C transferred to the instant account a total of KRW 42 million deposited in other accounts on September 7, 2015, which was on the day of hospitalization with liveram, etc., and some of them were transferred to E and F, as described in the foregoing paragraph (d).

F. From the time before and after the death of C, the instant account has been held and managed by the Defendant until now, and as of March 23, 2016, the deposit of KRW 1,828,195 remains in the instant account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff had registered a management body in the name of A for several years, and supplied the crops harvested by the Plaintiff to the joint markets, such as Nonghyup, under the name of C, and received payment of the price for the supply thereof as the instant account in the name of C. Thus, most of the actual right holders remaining after subtracting some of the deposits in the instant account are the Plaintiff, and C was also the deposit worth KRW 42 million transferred to the instant account on September 7, 2015.

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