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(영문) 대전지방법원 2016.05.26 2014가합107387
손해배상(기)
Text

1. As to the Plaintiff, Defendant B’s KRW 17,366,66, and Defendant C, D, and E respectively, KRW 11,577,77 and each of the above amounts.

Reasons

1. Basic facts

A. The Plaintiff is F’s son, Defendant B is F’s wife, and Defendant C, D, and E are children of G.

B. The F died on November 23, 2008, and G also died on February 2014.

[Ground of recognition] Facts without dispute, Gap Nos. 1, 15, 16, purport of the whole pleadings

2. On March 16, 2007, the gist of the Plaintiff’s assertion “A. G’s tort 1) sold the purchase price to H in the amount of KRW 145 million in Chungcheongnam-nam Budget-gun, J answer, and K, and received the said purchase price from the G account in the name of G. Since then, G used the remainder of KRW 60 million in the name of G and KRW 45 million in the name of Defendant B without paying the remainder of KRW 45 million.

2) On November 21, 2008, G withdrawn KRW 7.1 million from the F’s account without the F’s permission. 3) After the F’s death, the Plaintiff heard that the F’s obligation to G was KRW 80 million from G, and paid KRW 80 million to G on June 18, 2009. In fact, the Plaintiff did not have any obligation to F’s G.

Therefore, the Defendants, as G’s inheritor, inherited the amount of KRW 132,100,00 (i.e., KRW 45 million) (i., KRW 7,100,000,000) equivalent to the damages liability arising out of G’s tort against G F or Plaintiff (i.e., KRW 8,100,000). As such, F’s heir,

나. 피고 B의 불법행위 L가 2007. 4. 16. F으로부터 4,000만 원을 차용하였고 위 4,000만 원을 F이 아닌 피고 B에게 송금하였는데 피고 B은 F에게 이를 지급하지 않고 가로챘으므로, 피고 B은 F의 상속인인 원고에게 위 금원을 지급할 의무가 있다.

A person shall be appointed.

3. Determination

A. As to G’s tort, the statement Nos. 2, 3, 10, 12, 13, and 18 of the purchase price (i) as to the KRW 45 million, on March 16, 2007, F sold to H the amount of KRW 145 million in the purchase price, and from H’s account in the name of G, KRW 145 million in the purchase price.

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