logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.09.29 2016가단3588
부당이득반환
Text

1. The Defendant against the Plaintiff KRW 32,186,962 and KRW 4,051,853 among them, as to KRW 27 March 27, 2013, KRW 23,635,109.

Reasons

1. The Plaintiff is aware of the basic facts between the network D and B.

D was deceased on March 2, 2013, and the defendant is the spouse at the time of D's death.

D’s heir is 2/5 of the Plaintiff’s share of inheritance in the Plaintiff and the Defendant, and 3/5 of the Defendant’s share of inheritance.

After the death of D, the Plaintiff returned to China from June 2013 and lived together with the Defendant’s house until July 2015.

【In the absence of any dispute, Gap’s evidence 1-1 through 4, and Gap’s evidence 2】 The purport of the whole pleadings

2. The assertion and judgment

A. At the time of the Plaintiff’s assertion D’s death, there were KRW 32,342,946, and KRW 7,340,894 (E; hereinafter “E”) and KRW 61,746,879 (F; hereinafter “Second Account”) totaling KRW 101,430,719, which deducted medical expenses of KRW 20,553,750 from the insurance proceeds received through cancer diagnosis.

Since the defendant acquired all the above money, 40,572,287 won equivalent to the plaintiff's legal share of inheritance 2/5 should be returned.

In addition, since the defendant acquired the amount of KRW 17,720,00, which entered into the after D's death, the amount of KRW 7,08,000 corresponding to 2/5 of that amount should be paid to the plaintiff. Since the defendant disposed of the motor vehicle that D's type G kept as the intention to donate to the plaintiff at his own discretion, it should be returned to 12,526,000 corresponding to that value.

B. According to Gap evidence No. 8 with respect to insurance money, it is recognized that Eul paid KRW 52,896,696,696 with D’s insurance money on December 22, 2009 as diagnosis money and hospitalization benefit, KRW 1,760,000 on April 12, 2010, KRW 360,000 for hospitalization benefit on November 7, 201, and KRW 10,129,634 on March 26, 2013.

Of the above insurance proceeds, KRW 42,767,062 (=40,647,062 Won 1,760,000) paid at the time of the existence of D’s survival is highly likely to be used for medical expenses or living expenses, etc. or to be included in the remaining amount of the deposit to be considered after the death of D, and it is recognized that the Defendant acquired it.

arrow