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1. Defendant B’s KRW 75,000,000 and the Plaintiff’s annual rate of KRW 5% from December 30, 2015 to November 28, 2016.
Reasons
1. Basic facts
A. The plaintiff is the spouse of D, and the defendant B lived with D from the end of 2006, and the defendant C is the father of the defendant B.
B. D died on December 27, 2015, and at the time, the Plaintiff, children, who were their spouses, were the heirs, E, and F.
C. Defendant B withdrawn KRW 1,00,000,000 on December 28, 2015, and KRW 4,000,00 on December 30, 2015 from the NongHyup Bank’s account.
In addition, Defendant B transferred KRW 50,000,000 on December 28, 2015, and KRW 50,000 on December 29, 2015, to Defendant C’s account in the name of Defendant C used by himself. D.
Defendant B was indicted by Changwon District Court 2017Kadan603 with regard to cash withdrawal and account transfer as referred to in the above paragraph (c), and on September 5, 2017, the court convicted Defendant B, on the charge of larceny and fraud using computers, etc., that Defendant B withdrawn the total of KRW 5,000,000 from the account under D and stolen the total of KRW 100,000 without authority, and obtained property benefits by transferring the total of KRW 100,000 to the account under Defendant C’s name.
As to this, Defendant B appealed with Changwon District Court 2017No2671, but withdrawn on January 19, 2018, and the said judgment became final and conclusive as it is.
E. Meanwhile, on November 31, 2017, F transferred to the Plaintiff all the deposit claims and all rights related to the instant lawsuit in the account in the name of Nonghyup Bank, and the transfer contract stating the said contents reached the Defendants on December 19, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 6, Eul evidence 4-10, 11, and the purport of the whole pleadings
2. Claim against the defendant B
A. According to the above facts as to the cause of the claim, the plaintiff who succeeded to the claim claim of D due to cash withdrawal and account transfer without the authority of the defendant B (=105,000,000 won x 3/7) x inheritance shares x 30,000,000 won (=105,000,000 won x 2/7) x inheritance shares x 2/7). Thus, the defendant Eul suffered damages due to the plaintiff's tort damages amounting to 75,00,000,000 won = 45,000,000,000 won due to the plaintiff's tort.