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(영문) 전주지방법원 2016.11.01 2015가단19652
부당이득금
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The deceased G (the Deceased’s death on November 10, 2013) deposited KRW 22,500,000 with the account in the name of Defendant E between January 201 and October 2013, the day before the death.

B. The plaintiff A is the wife of the deceased, and the plaintiff B, C, and D are the children of the deceased.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion

A. 1) As to the primary claim, the Deceased bears the pecuniary obligation against H before the birth. 2) Defendant F, who is the deceased’s arbitr and H’s denial, demanded that Defendant E, who borrowed money from Defendant E and subrogated for the deceased’s obligation to H by borrowing the money from the deceased, demand that Defendant E, who lent money directly, instead of repaying the deceased’s reimbursement obligation to the deceased.

3) Accordingly, the Deceased remitted KRW 22,50,00 to Defendant E as indicated in Section 1-A, but the facts are that Defendant F did not use the funds borrowed from Defendant E to repay the deceased’s obligation to H. Thus, Defendant E is liable to return KRW 22,50,000 paid by the Deceased, not the debtor, without any legal cause. Thus, Defendant E is liable to pay the amount stated in the purport of the claim according to the inheritance share ratio to the deceased’s heir.

B. As to the conjunctive claim, Defendant F, without using the funds borrowed from Defendant E to deliver them to the Deceased or to repay the deceased’s obligations to H, arbitrarily uses the funds to the Deceased.

Defendant F is obligated to compensate or pay the amount stated in the claim according to the inheritance ratio to the Plaintiffs, who are the heir of the deceased, for damages equivalent to or benefit from the amount stated in the claim, without any legal ground.

3. Determination.

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