logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2014.06.27 2013가합11003
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The summary of the Plaintiff’s assertion and his wife obtained the Plaintiff’s deposit passbook, seal imprint book, cash card, etc. from the Plaintiff and embezzled KRW 214,770,30 from the Plaintiff’s name bank account (Account Number D, hereinafter “one bank account”) to August 23, 2013, a sum of KRW 214,770,30 on 214 occasions from March 10 to August 23, 2013, and embezzled the Plaintiff’s name bank account (Account Number E; hereinafter “National Bank Account”) from April 21, 2010 to August 7, 2013, the Defendant and his wife embezzled KRW 570,650, KRW 300, KRW 700, KRW 3000, KRW 700, KRW 3000, KRW 400, KRW 500, KRW 700, KRW 700, KRW 305, and KRW 705,005,00.

Therefore, the Defendant is obligated to return to the Plaintiff KRW 430,210,165, out of the amount of embezzlement as unjust enrichment.

2. Determination

(a)The following facts are not disputed between the Parties, or may be acknowledged by comprehensively taking into account each entry in Gap evidence Nos. 4, 5, 6, 8, 15, 16, 17, 19, 20, 21 (including branch numbers, if any; hereinafter the same shall apply) as a whole for the purpose of the entire pleadings:

1. On February 27, 2010, the Plaintiff was hospitalized in the Seodaemun-gu Seoul Western Hospital from around that time to April 9, 2010, from April 26, 2010 to May 26, 2010, and from June 18, 2010 to August 31, 2010, respectively.

From May 26, 2010, the Plaintiff had C manage the Plaintiff’s deposit passbook, resident registration certificate, seal imprint book, cash card, etc. from May 26, 2010, and C and the Defendant are married, and the Defendant is in de facto marital relationship with the Plaintiff.

arrow