A. On April 1, 2014, the Plaintiff transferred KRW 30 million from a bank account under the name of E to D’s bank account, and transferred KRW 20 million from a bank account under the name of F to D’s bank account on August 20, 2015.

B. D deceased on November 11, 2016, and deceased D (hereinafter “the deceased”)’s inherited property of the deceased D (hereinafter “the deceased”) inherited in proportion to 5/10, the Defendant C, the spouse of the deceased’s female sibling G, 3/10, and Nonparty H, the child, respectively.

C. Defendant B, C, and the above H reported the inheritance limited recognition by the Daegu Family Court No. 2016-Ma339, which was accepted on January 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4 (including virtual number), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The party's assertion and judgment

A. (1) The Plaintiff borrowed KRW 30 million on April 1, 2014 at the request of the Deceased, who was aware of in the same Dong Dong Dong Dong Dong Dong Dong-dong, with interest rate of KRW 2% on a monthly basis and three years after the due date. On August 2015, upon the request of the Deceased, the Plaintiff loaned KRW 20 million on August 20, 2015, with interest rate of KRW 20 million on a monthly basis.

Therefore, the Defendants, the inheritor of the deceased, are jointly and severally liable to pay the Plaintiff the total amount of KRW 50 million and the agreed damages for delay.

(2) The fact that the Defendants’ above KRW 50 million was remitted cannot be deemed to have borrowed the above money from the Plaintiff solely on the basis of the fact that the Deceased borrowed the money, and the Deceased borrowed the said money.

Even if the Defendants were to perform their obligations within the scope of the inherited property from the deceased, the Defendants are only obligated to perform.

B. (1) As to the remitted KRW 20 million on August 20, 2015, the following circumstances are acknowledged: (a) on August 19, 2015, the deceased sent text messages to request the Plaintiff to lend the Plaintiff; (b) on the following day, the Plaintiff remitted KRW 20 million to the Deceased; and (c) thereafter, the Deceased was only the Plaintiff’s interest.