대여금
1. Defendant E: (a) 20,468,570 won to Plaintiff A, and 13,645,710 won to Plaintiff BC, respectively, and each of them from April 29, 2017.
1. On January 28, 2015, Defendant E, via an insurance solicitor network F, opened two accounts of G corporation’s “H” by having himself as a policyholder.
The deceased on July 7, 2016 (hereinafter “the deceased”), Plaintiff A 3/7 shares, and Plaintiff BC inherited each of 2/7 shares.
[Ground for Recognition: Facts without dispute, entry in Gap evidence 34, purport of the whole pleadings]
2. Assertion and determination
A. Comprehensively taking account of the descriptions in Gap evidence No. 5 through 9 on behalf of the deceased, the fact that the deceased lent the Defendant E’s insurance premium from March 12, 2015 to November 2, 2015 by means of lending KRW 47,760,000 in total by eight times a month from March 12, 2015 to November 2, 2015.
B. Although Defendant E’s assertion was not likely to maintain insurance due to the investigation of the Defendants, Defendant E’s assertion that, while maintaining an insurance contract upon the request of the Deceased, all of the eight-minutes premium from March 2015 to October 2015 were paid to the Deceased in cash, it is difficult to accept the assertion solely on the evidence submitted by Defendant E.
C. According to the conclusion, Defendant E, a policyholder, shall pay to Plaintiff A 20,468,570 won (47,760,00 x 3/7,00 x 10 won; hereinafter the same shall apply) and to Plaintiff BC 13,645,710 won (47,760,000 x 2/7) and each of them, calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 29, 2017 to the date of full payment.