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1. Defendant C and D shall be KRW 34,000,000 within the limit of the property inherited from each network E to the Plaintiff.
Reasons
1. Basic facts
A. From the Plaintiff’s deposit account to Nonparty E’s deposit account on June 18, 201, KRW 7 million on or around February 10, 201, KRW 2 million on or around February 10, 201, and KRW 4 million on or around October 13, 2012 were transferred.
(hereinafter referred to as the “first transfer”) b.
E was married with Defendant B on October 22, 2012.
C. On September 25, 2013, around September 25, 2013, KRW 50 million transferred from the Plaintiff’s deposit account to E, and KRW 5 million around March 1, 2015.
(hereinafter referred to as “the second transfer”) D.
E died on May 5, 2015
(hereinafter referred to as “E”) A. The bereaved family members of the Deceased have B, F, Defendant C and D, the spouse of the deceased, the non-party F, the parent of the deceased.
E. On August 24, 2015, Defendant B and F received an adjudication from the Ulsan District Court to the effect that “Defendant B and F accept the report of renunciation of inheritance on the deceased’s property.”
(F) around November 11, 2015, Defendant C and D reported to the Ulsan District Court on the inheritance limited approval of the deceased’s deceased. The above court accepted the above report on November 11, 2015.
(The ground for recognition) . [Attachment 2015-Ma5058] of the above court / [based on recognition] absence of dispute, Gap evidence 1, Eul evidence 3 through 5, Eul evidence 1 and 3, the inquiry result of the fact-finding on the head of Gu/Eup, the results of the order to provide financial information to the NongHyup Bank, and the purport of the whole pleadings.
2. As to the claim against the defendant C and D
A. In full view of the facts acknowledged earlier as to the cause of the claim, without any dispute, Gap evidence No. 1, Eul evidence No. 3, and the result of the order to provide financial information to the Nonghyup Bank Co., Ltd., the plaintiff lent to the deceased the total amount of KRW 68 million of the transfer amount (= KRW 7 million in KRW 4 million) of this case, and there is no other evidence to acknowledge otherwise.
The Deceased is obligated to pay the principal and interest of the loan to the Plaintiff.
However, the deceased had already died, and the deceased’s spouse B and F, a first-class inheritor, have renounced inheritance against the deceased.