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(영문) 대구지방법원 2017.01.13 2016가단103207
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant B was deceased on December 29, 201 due to an industrial accident (vehicle accident) on December 29, 2011 (hereinafter “the deceased”).

Defendant C is a de facto spouse of the Deceased, and the Plaintiff is an employer of the Deceased at the time of the Deceased’s death. (ii) At the time of the Deceased’s death, there was a siblings E, F, G, H, H, Defendant B, I, and K.

B. 1) On December 31, 2011, a written agreement was made between the Plaintiff and the deceased’s funeral home to be KRW 400 million, including industrial accident insurance and other insurance proceeds due to the death of the deceased. Of these, KRW 100 million shall be transferred to a deceased head of the Tong (the deceased’s account managed by the deceased), the remaining KRW 300 million shall be settled with industrial accident insurance proceeds, etc. The Defendants’ other surviving families shall not object to the contents of the agreement, and the re-preparation necessary for the authentication of the said document shall be prepared at the certified judicial scrivener office on January 3, 2012 (hereinafter “the first agreement”). After the preparation of the first agreement, the Plaintiff transferred the difference between the Plaintiff and the deceased’s account in the name of the deceased’s management and the Plaintiff’s 100 million to the Defendant’s surviving family members at the time of the conclusion of the agreement, and the following agreement was made by the Plaintiff to receive the difference between the deceased’s surviving family members and the Defendant’s 1400 million won.

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