대여금
1. All appeals filed by the plaintiffs are dismissed.
2. According to the expansion of the plaintiffs' purport of the claim in the trial, the defendant.
1. Basic facts
A. The plaintiff A and the deceased D (hereinafter "the deceased") married on March 13, 1981, and the plaintiff B are two children.
B. The Defendant, as a woman of the Deceased, lived with the Plaintiffs and the Deceased from around 1992 to 2005.
C. On November 18, 2005, the Deceased was paid KRW 78,974,306 upon cancelling the term deposit deposited in the National Bank (hereinafter “instant deposit”).
On November 2005, the Deceased was diagnosed with Transboundary Cancer, and died on December 18, 2005.
E. From the national bank account (F) in the name of the Plaintiff A to March 23, 2006, KRW 90,000 was withdrawn.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4 and 5 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. The plaintiffs' assertion
A. The Deceased requesting a loan lent KRW 78,974,306 upon cancelling the instant deposit on November 18, 2005 to the Defendant. As such, the Defendant is obligated to pay the Plaintiff, the heir of the Deceased, KRW 47,384,584 ( KRW 78,974,306 x 3/5 of the share of inheritance x 3/5 of the share of inheritance), and KRW 31,589,722 ( KRW 78,974,306 x 2/5 of the share of inheritance) and damages for delay.
B. On December 30, 2005, the Plaintiff A received KRW 61,736,148 from Samsung Bio-resources to the deceased’s death insurance proceeds, and KRW 24,787,415 from the deceased’s death insurance proceeds on January 4, 2006, on the part of the above national bank account (F), and on March 23, 2006, the Defendant collected KRW 90,000 from the above bank account without any justifiable reason.
After that, the defendant paid 80 million won, but has not paid 10 million won yet.
Therefore, the defendant is obligated to pay the plaintiff A KRW 6 million out of the above KRW 10 million ( KRW 10 million x KRW 3/5 of the inheritance) , KRW 4 million ( KRW 10 million x 2/5 of the inheritance) to the plaintiff B, and damages for delay.
3. The evidence Nos. 3 and 4 of this case’s deposit in November 18, 2005 is determined as to the loan claim.