대여금
1. The Defendant: (a) from August 14, 2018, to Plaintiff A KRW 13,33,333, and Plaintiff B and C respectively; and (b) from August 14, 2018.
Comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 1, 2 (including paper numbers), and Eul evidence Nos. 2 and 3, the defendant paid the above KRW 40,000 to Eul at the time when he/she leased the house of Seongdong-gu Seoul in the lease deposit of KRW 40,000,000 from E on July 16, 2018, and the deceased died on July 19, 2018, and the plaintiffs inherited the deceased's property as his/her children by 1/3 shares.
According to the above facts of recognition, it can be ratified that the deceased lent the above 40,000,000 won to the defendant.
In regard to this, the defendant does not borrow the above KRW 40 million from the deceased, but rather the deceased paid the living expenses or housing expenses disbursed by the defendant while living together with the defendant, and even if not, it is argued to the effect that the deceased was donated to the defendant. However, the above ratification is insufficient only by the descriptions of the evidence Nos. 1 and 4 (including the paper numbers) that seem consistent with the above facts of the defense.
Therefore, the defendant is obligated to pay the above KRW 40,00,000 to the plaintiffs who are the inheritors of the deceased and delay damages therefor. The defendant is obligated to pay the plaintiff A 13,333,333 won (= KRW 40,00,000 x less than KRW 1/3,000 x less than KRW 1/3, and less than KRW 1/33333, respectively to the plaintiff B and C according to their inheritance shares (=40,000,000 x 1/3) and to pay damages for delay calculated at the rate of 15% per annum as stipulated in the "Special Act on the Promotion, etc. of Legal Proceedings" from August 14, 2018 to the day after the delivery date of a copy of the complaint of this case.
Therefore, all claims of plaintiffs B and C shall be accepted on the grounds of their reasoning, and the claims of plaintiffs A shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as they are without merit. It is so decided as per Disposition.