손해배상(기)
1. The Defendants jointly and severally, and against the Plaintiff B, KRW 13,169,571, and KRW 8,779,714, respectively, and each of the said money.
1. Facts of recognition;
A. Defendant E received KRW 42,789,000 from the Deceased on 18 occasions, on September 19, 2008, to September 13, 2012, by falsely stating that “I will return to the degree of KRW 5-60,000 if there is good fund goods, and if investment is made, I will return to the degree of KRW 5-60,00,000.”
The above defendant was convicted of the above fraud by Seoul Central District Court 2016 High Court Decision 2016 High Court Decision 4812.
B. On February 1, 2013, Defendant E terminated an insurance contract with a loan of an insurance terms and conditions under the name of the deceased, or took credit loans, or took place on the money, etc. that the deceased was put to a fraudulent land as of August 31, 2013, Defendant E borrowed at the interest rate of KRW 6,140,000 per month, and the due date for payment on August 31, 2013. The interest shall be paid monthly, and the interest rate of KRW 2% per month shall be applied when the interest is overdue, and when the interest is overdue on two or more occasions, Defendant E prepared and arranged to the deceased a certificate of borrowing that he/she would lose the benefit of time, and Defendant F guaranteed the above debt (hereinafter referred to as “the foregoing debt”).
In addition, Defendant E paid around February 28, 2013 the borrowed principal of KRW 15 million and interest of KRW 620,000,000,000 to the deceased, and then on August 2013, Defendant E prepared a letter of payment to the deceased that the remainder of the borrowed principal of KRW 46,440,000 shall be repaid in installments for six months as of the end of each month and the interest shall be paid in 620,000,000,000 to the deceased. The F
C. On December 29, 2017, the Deceased died, and the deceased’s spouse B 3/7, and the deceased’s children C and D inherited the deceased’s property according to their respective inheritance shares of 2/7, while taking over the deceased’s instant legal proceedings.
[Ground of recognition] Unsatisfy, Gap evidence 1, Gap evidence 3-1-4, witness Eul's testimony, the purport of whole pleadings
2. Determination
A. According to the above facts, barring any special circumstance, Defendant E shall take the respective inheritance shares against the Plaintiffs, who are the inheritors of the deceased, according to the respective inheritance shares.