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1. The defendant,
A. The Plaintiff A’s KRW 10,812,00 per annum from September 12, 2015 to June 30, 2017; and
Reasons
1. Basic facts
A. Nonparty D (hereinafter “Nonindicted Party”) was hospitalized in a hospital on March 19, 2015 due to re-explosion after the surgery, and was recovered on April 14, 2015, when he/she was hospitalized in another hospital for the Alternative Act, and was transferred to a university hospital on April 30, 2015, and was unable to recover due to the deterioration of the function of extension around May 12, 2015.
B. The plaintiff A is the legal spouse of the non-party, and the plaintiff B is the non-party and the plaintiff A's child, and the defendant is the non-party's child.
C. After the non-party recovered from a parous blood card, the defendant received four debit cards connected to the non-party's four deposit accounts with the passwords, and made withdrawal, transfer, and settlement by using them as follows.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 6, 12 through 14, 15 (including provisional numbers), the purport of the whole pleadings
2. The assertion and judgment
A. (1) The plaintiffs asserted that the defendant's receipt of a debit card from the non-party is limited to the use of the non-party's payment of expenses incurred in treating and nursing the non-party, and the above facts are recognized.
The defendant asserts that the above amount is to be returned to the plaintiff, who is the heir of the non-party, according to the plaintiffs' share of inheritance, since the sum of KRW 42,243,860 (the plaintiff alleged to be KRW 42,253,760, but it appears to be a mistake in the calculation) exceeds its use.
(2) As to the Defendant, the Defendant was entrusted by the Nonparty with the full use of the Nonparty’s deposit for the Nonparty’s treatment, funeral procedure, and the Nonparty’s parents. In accordance with the purport of entrustment, the Defendant paid the said amount to the Nonparty’s medical expenses, nursing expenses, funeral expenses, funeral expenses, and medical expenses for the Nonparty’s parents.