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1. The defendant is entitled to KRW 231,922,871 within the scope of the property inherited from the deceased B (D) and against the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who operates a fish farm and a landing point, and the net B (D; hereinafter “the network”) is a person who operated the Internet Stock Transaction Site called “E” (hereinafter “the site of this case”).
B. On May 27, 2019, the Plaintiff, along with the Deceased, solicited F to subscribe to the instant site from F who operated the instant site by e-mail. The content was that, upon deposit of the purchase price of shares in the designated account opened on the instant site, the Plaintiff may engage in stock transaction by obtaining a loan of up to 10 times the investment principal if only a certain ratio of the purchase price is within the sales commission, and at the same time, the Plaintiff may receive a refund of the investment principal and profits.
C. The Plaintiff subscribed to the instant website and deposited KRW 90,500,000 in the account designated by the Deceased from May 27, 2019, and traded shares.
On June 10, 2019, the Plaintiff’s investment profit was KRW 297,637,445, and the remaining profit, excluding KRW 5,313,276, and transaction fee 401,298, was KRW 231,92,871.
The Plaintiff sold all the shares held on June 10, 2019, and requested the Deceased to return the investment principal and remaining profits, but the Deceased did not pay only KRW 90,500,000 to the Plaintiff the remaining profits.
E. On October 6, 2019, the Deceased died, and his inheritor was the father G and the Defendant. On October 28, 2019, G filed a report on the renunciation of inheritance with the Seoul Family Court on October 28, 2019, and the report was accepted on January 10, 2020 as the Seoul Family Court 2019Mo7666. On October 28, 2019, the Defendant filed a report on the refusal of inheritance with the Seoul Family Court, and the Defendant filed a report on the refusal of inheritance with the Seoul Family Court on October 28, 2019.
[Ground for Recognition: Facts that there is no dispute or is not clearly disputed, evidence A Nos. 1 through 3 (which may include a serial number; hereinafter the same shall apply)
each of subparagraph 1.