(영문) 서울중앙지방법원 2017.12.15 2016가단5109348

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(영문) 서울중앙지방법원 2017.12.15 2016가단5109348

위탁금 반환

Text

1. The Defendant: (a) KRW 3,192,302 for each of the Plaintiffs; and (b) 5% per annum from May 25, 2016 to December 15, 2017; and (c)

Reasons

1. Basic facts

A. The Plaintiffs, the Defendant, and Nonparty E were children of F (hereinafter “the deceased”), and the Deceased died on March 11, 2016.

B. On November 14, 2007, the Deceased visited the private home community credit cooperatives with the Defendant and the Plaintiff, and collected KRW 450,002,612 from the account of the Deceased and delivered to the Defendant KRW 45 million among them.

C. The Deceased received an old age pension, etc. from the account of the above company’s household, and the Defendant withdrawn KRW 8,385,320 out of the amount deposited after October 16, 201.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiffs asserted that the defendant, around November 14, 2007, withdrawn the old age pension, etc. deposited in the account in the deceased's name, 13,79,386 won, which was delivered by the defendant on November 14, 2007 from the deceased, and 67,062,269 won, which was the sum of 8,262,883 won, which was incurred by the defendant by opening the above money as a time deposit, etc., and 20,094,690 won, and 31,393,09,00 won, including funeral expenses of the deceased and funeral expenses of the deceased, 11,298,400 won, which are recognized by the plaintiffs as being used by the deceased for the deceased, shall be returned to the deceased, and the defendant is obligated to pay damages for delay to the deceased each of whom falls under the shares of inheritance, 7,269,179 won,31,393,090 won and damages for delay.

Furthermore, the Plaintiffs do not commission the Defendant with KRW 45 million delivered by the Deceased on November 14, 2007 to the Defendant, and the old age pension deposited in the account in the name of the Deceased, but not with KRW 13,79,386 that was withdrawn by the Defendant. However, due to the above donation, the Defendant is obligated to pay each of the Plaintiffs the amount of KRW 6,772,779 and delay damages.

As to this, the defendant is an account in the name of the deceased and 45 million won delivered from the deceased on November 14, 2007.

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