대여금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
1. Basic facts
A. The deceased E (hereinafter “the deceased”) died on December 19, 2014, and Plaintiff B and C as the deceased’s children due to the denial of the deceased.
The defendant is a person in a de facto marital relationship with the deceased's birth F.
B. On January 31, 2013, the Deceased received a loan from the Defendant by using one’s Masp account (Seoul Bank G) and lent KRW 20,000,000 to the Defendant.
(hereinafter “instant lending”). After the deceased’s death, Plaintiff B repaid KRW 19,031,232 to the said Muss account on May 29, 2015.
C. Meanwhile, on June 28, 2013 and June 29, 2013, the Deceased transferred the sum of KRW 10,000,000 to the Defendant to his agricultural bank account (H).
On November 11, 2014, the Defendant transferred KRW 10,000,000 in total to the deceased’s above account.
(1) The Plaintiff and the Defendant did not dispute the fact that the Defendant received the said money from the Plaintiff while actually operating the said company. Therefore, the Plaintiff and the Defendant did not dispute the fact that the Defendant received the said money from the Plaintiff.
The defendant paid KRW 2,00,000 to the funeral hall of the deceased, and includes the contents of "2,00,000,000" in the records of the division book of the father.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, Eul evidence No. 1 to 4, the purport of the whole pleadings
2. The claim amount of the instant loan to the Defendant of the Deceased’s summary of the Plaintiff’s assertion is KRW 19,031,232, which was ultimately subrogated by the Plaintiff B, and the Defendant is obligated to pay the said debt to the Plaintiffs according to their respective shares of inheritance.
3. Determination
A. First, the Defendant recognized that KRW 19,031,232, who was subrogated by Plaintiff B, was the Defendant’s debt amount to the Deceased.
B. However, the Defendant paid 10,000,000 won to the Deceased on November 11, 2014 is the repayment amount for the instant loan obligations, so that the said amount is equal.