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1. The Defendant: (a) KRW 40,000,000 within the scope of the property inherited from the deceased C; and (b) from October 11, 2017, the amount of KRW 40,000.
Reasons
1. The basic facts C died on May 19, 2017 (hereinafter “the deceased”), and his/her inherited property was inherited by D, E, Defendant, and F, who are her husband. However, D, E, and F filed a declaration of renunciation of inheritance with the Busan Family Court 2017 D, E, and F, and the said declaration was accepted on June 20, 2017. The Defendant received an inheritance ceiling approval ruling with the Busan Family Court 2017 D and 1808, and the fact that the declaration of qualified acceptance was accepted on July 11, 2017 does not conflict between the parties.
2. Judgment on the ground of the Plaintiff’s claim
A. The Plaintiff asserted that the Plaintiff lent 2% interest rate of KRW 70 million to the Deceased from October 14, 2009 to December 16, 2010. The Deceased paid only the agreed interest rate of KRW 70 million to August 15, 2012. As such, the Plaintiff did not pay the leased principal and interest rate, the agreed interest rate of KRW 70 million and the rate of KRW 2% from August 16, 2012 should be paid.
Since the defendant qualified the inherited property of the deceased, the defendant must pay the inherited property within the scope of the inherited property from the deceased.
B. Determination 1) Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3, the following circumstances are as follows: ① The plaintiff remitted the amount of KRW 700,000,000 to D, who is the husband of the deceased, and KRW 16,00,000,000 to December 8, 2010, and KRW 16,000,000,000 to the plaintiff on November 16, 2009; KRW 10,000,000 on December 14, 209; KRW 10,000,000 on January 19, 2010; ② The plaintiff transferred the money to the plaintiff or the defendant's director on March 17, 2010; ② The defendant did not transfer the money to the plaintiff on the ground that the plaintiff transferred the money to the plaintiff or the defendant's father on April 29, 2010.