beta
Text
1. Defendant D shall pay 146,496,580 won to Plaintiff A and 15% per annum from December 17, 2014 to the date of full payment.
Reasons
1. Basic facts
A. All of the plaintiffs are the disabled persons of Grade III intellectual disability; the plaintiff C is the mother of the plaintiff A and B; the defendant D is the father of the plaintiff C and the father of the plaintiff A and B; and the defendant E is the husband of the defendant D.
B. From September 200 to June 2013, Plaintiff A served in the Taedong Industrial Corporation located in Busan, Busan, and Defendant D had a new bank under the name of Plaintiff A, which deposited the monthly salary of Plaintiff A from September 200 to October 2013, and managed each of the above accounts while holding a cash card with the Plaintiff’s new bank under the name of the Plaintiff A, and the bank passbook. From September 5, 2000 to October 12, 2013, Plaintiff D withdrawn KRW 224,705,100 from the above accounts.
C. From April 2004 to November 201, 2013, Plaintiff B lived in the Defendants’ house and performed the work, such as snowhouse, at the restaurant located in “G” (the trade name is changed to H) located in Busan Dong-gu, which is operated by the Defendants. The Plaintiff B’s disability allowances, etc. totaled KRW 8,451,00 from the Nonghyup Bank account in the name of Plaintiff B that is deposited with the Plaintiff’s disability allowances, etc. to the sum from July 1, 2009 to June 20, 2012, and KRW 7,931,000 from the community credit cooperatives account in the name of Plaintiff B that is deposited with the Plaintiff’s livelihood benefits, etc. to November 22, 2013.
Defendant D kept a passbook and cash card in the name of the Plaintiff C. However, from February 9, 2001 to January 20, 201, the sum of KRW 17,541,000 was withdrawn from the said account, and Defendant D remitted KRW 5,260,00 to the said account from November 2, 2001 to May 9, 2013.
E. On October 31, 2014, Defendant D paid KRW 35 million to Plaintiff A, KRW 3 million to Plaintiff B, and KRW 10 million to Plaintiff C, respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, 13 through 28 (including branch numbers; hereinafter the same shall apply), Eul evidence 1 through 4, 7, and 8, and the purport of the whole pleadings
2. The Defendants asserted that they arbitrarily withdrawn and used money from the Plaintiffs’ account while keeping the Plaintiffs’ passbooks or cash cards.