대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. From March 17, 2012 to January 28, 2015, the Plaintiff’s assertion C lent to the Defendant a sum of KRW 87,000,000 from the deposit account (Account Number D, Account Number E) in the name of Gyeongnam Bank from March 17, 2012, and received reimbursement from the Defendant on March 30, 2012.
C Deceased on September 28, 2016, the Plaintiff was tried to grant inheritance limited recognition as the spouse of the deceased C (hereinafter referred to as “the deceased”), and F and G, who are the deceased’s children, renounced inheritance.
Therefore, the Defendant is liable to pay the Plaintiff, who is a sole heir of the Deceased, KRW 81,00,000 (=87,000,000 - 6,000,000) as well as damages for delay.
2. The following facts are acknowledged: (a) the deceased died on September 23, 2016 according to each of the statements and arguments stated in Evidence Nos. 1-1, 2, and 2-1; (b) the deceased died on September 23, 2016; and (c) the Plaintiff was adjudicated to accept the report of qualified acceptance on December 21, 2016 in the Ulsan District Court 2016-Ma528 Inheritance Approval case as the deceased’s spouse on January 3, 2017; (d) F and G were the deceased’s children, and (e) the Plaintiff was adjudicated to accept the report of renunciation of inheritance on January 3, 2017.
However, as to whether the Deceased lent the sum of KRW 87,00,000 to the Defendant, it is not sufficient to recognize it solely on the basis of the results of the response to the order to submit financial transaction information issued on August 23, 2017 to Gyeongnam Bank Co., Ltd., Ltd., and there is no other evidence to acknowledge it otherwise.
Therefore, the plaintiff's assertion cannot be accepted.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.