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1. In accordance with the claim for the change in exchange at the trial, the Defendants each of the KRW 18,126,984 against the Plaintiff.
Reasons
Basic Facts
The network D died on August 19, 2015, from May 3, 2015 to August 19, 2015, which received hospitalized treatment at the Seoul Asan Hospital as an expanded cardiopulmonary disease.
(hereinafter “the deceased”). The Plaintiff is the birth of the deceased, and the Defendants succeeded the deceased’s children to the proportion of 1/2.
On August 19, 2015, the Plaintiff paid KRW 36,253,969 as medical expenses of the Deceased, and KRW 9,200,00 as funeral expenses of the Deceased on August 21, 2015.
[Ground of recognition] In the absence of dispute, Gap evidence Nos. 4, 10, and 12, the purport of the argument, and the plaintiff's assertion that the plaintiff jointly succeeded to the deceased's obligation to pay medical expenses to Seoul Asan Hospital, and the funeral expenses of the deceased are expenses to be borne by the Defendants, the inheritor, according to their statutory shares in inheritance. Since the plaintiff paid the funeral expenses on behalf of the deceased, the Defendants are obligated to pay to the plaintiff 22,726,984 won (=(=36,253,969 KRW 9,200,00) 】 1/2) and delay damages therefrom as indemnity amount. In addition, the plaintiff's subrogation caused the plaintiff's loss without any legal ground and caused damage equivalent to the amount of the plaintiff's loss, the plaintiff's obligation to return this as unjust enrichment.
Judgment
With respect to the amount equivalent to the medical expenses to be borne by the deceased for the Seoul Asan Hospital, the deceased was liable for the medical expenses of KRW 36,253,969 to the Seoul Asan Hospital at the time of the death of the deceased. However, the Plaintiff discharged the above medical expenses to the Seoul Asan Hospital after the death of the deceased, and the Defendants were the inheritor of the deceased.
Therefore, the above debts are inherited debts of the deceased, who are the deceased, and thus, the Defendants who inherited the deceased are obligated to repay the debts to the Seoul Asan Hospital.
However, the Plaintiff obtained a benefit from the Defendants’ discharge of liability equivalent to the above medical expenses by paying off the expenses instead of the Plaintiff.