대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is Nonparty D’s father (the deceased on December 27, 2016, hereinafter “the deceased”). Defendant B is the spouse who reported the marriage with the deceased on April 14, 2016, and Defendant C is a child born between E and the deceased (the mother was designated as E), and the Defendants inherited the entire property of the deceased.
B. On January 26, 2016, the Plaintiff entered into a lease agreement with F to set the rental deposit of KRW 170 million with respect to 104 Dong-gu Incheon Metropolitan City G Apartment 104, 606, the Plaintiff received the down payment of KRW 10 million on January 26, 2016, and received the remainder of KRW 160 million on April 4, 2016 from the Plaintiff’s account (Account Number H) in the name of the Plaintiff.
On the other hand, on April 4, 2016, the Plaintiff withdrawn KRW 60 million, and KRW 110 million on April 6, 2016, respectively.
C. On March 12, 2016, the Deceased entered into a lease agreement with I, which sets forth KRW 140 million as the lease deposit (hereinafter “instant lease agreement”), and the down payment of KRW 3 million as of March 12, 2016, the remainder of KRW 137 million was paid on April 6, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 3 and 4 (including additional numbers), the purport of the whole pleadings
2. The assertion and judgment
A. On April 2016, the Plaintiff asserted that the Plaintiff lent KRW 140 million to the deceased, who was the heir of the deceased, for the payment of the lease deposit for the new house. On December 27, 2016, the obligation for the loans that the deceased did not have due date due to the death of the deceased was lost the benefit of time. The Defendants, the heir of the deceased, bear the obligation to return the loans corresponding to their inheritance shares.
B. The following circumstances acknowledged by the evidence revealed earlier, namely, the Plaintiff withdrawn KRW 170 million in cash on two occasions immediately before the remainder payment of the instant lease agreement.