임대차보증금반환
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
1. Facts of recognition;
A. The relevant defendant is a person born between D and E.
D is divorced from E on November 30, 201, and it was divorced from B on October 30, 2015.
The plaintiff is a person who has produced B between D and the pre-re-reintetion of the former.
D On August 26, 2017, the deceased (hereinafter “D”) and the Defendant and B inherited the deceased’s property.
B. On August 23, 2012, the Plaintiff and the Deceased’s Jeoncheon-si Building (hereinafter “instant commercial building”) owned by the Deceased between the Plaintiff and the Deceased on August 23, 2012.
(2) A deposit contract was concluded between September 15, 2012 and September 14, 2013 on the deposit basis of the deposit for lease on a deposit basis. A deposit contract was concluded between September 15, 2012 and September 14, 2013, and around that time, KRW 30,000,000 was paid to the deceased. (2) The deposit contract was implicitly renewed on several occasions after the expiration of the contract period. The Plaintiff delivered the instant commercial building to B on January 31, 2018, after the death of the deceased.
C. The Plaintiff paid KRW 13,689,090 for funeral expenses of the Deceased on August 28, 2017 and August 28, 2017 upon B’s request (i.e., KRW 4,565,000 for funeral expenses (= KRW 6,904,00 for funeral expenses of KRW 1,820,00 for funeral service of KRW 1,904,090 for funeral service). (ii) On December 8, 2017, the Plaintiff repaid KRW 7,421,783 for total of the amount used for two credit cards (G and H) of the Deceased.
[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers), Gap evidence 3 through 5 (including paper numbers), Gap evidence 8 through 12, the purport of the whole pleadings
2. Determination
A. As to the claim for the return of a loan, the Plaintiff: (a) lent the amount of KRW 19,900,000 to the Deceased on September 12, 2016; (b) KRW 5,500,000 on November 4, 2016; and (c) KRW 2,400,000 on February 9, 2017; and (d) KRW 10,000,000 on July 18, 2017; and (b) the Defendant, one of the deceased’s successors, is obligated to pay the amount of KRW 7,960,00 (2/5) in accordance with the inheritance share ratio (2/5) and damages for delay.