beta
Text
1. The Defendants each amounting to KRW 50,000,000 and each of them to KRW 15% per annum from November 11, 2016 to the date of full payment.
Reasons
1. The following facts may be acknowledged in full view of Gap evidence Nos. 1 to 3, evidence Nos. 4-1 to 4, evidence Nos. 8-10, evidence No. 11-1, and evidence No. 11-2, and witness evidence No. D's testimony, and there is no counter-proof.
Defendant B is the Plaintiff’s son and female, Defendant C was the Plaintiff’s female, and around November 25, 2013, the Plaintiff got an pulmonary cancer surgery, and the Defendants did not contact with the Plaintiff.
B. However, the Plaintiff, other than the Defendants, had three women’s children, and the Plaintiff was in charge of management of KRW 170,000,000 of its own cash assets after the pulmonary cancer surgery. D was hospitalized on or around December 16, 2015 with anti-cerebral blood expenses.
C. As of December 26, 2015, D transferred each of 50 million won (hereinafter “each of the instant money”) to the Defendants, from among the Plaintiff’s money he/she managed. D.
After the aforementioned remittance, the Defendants collected money of KRW 200,000 per month with D and paid the Plaintiff the said money. From September 2016, the Defendants did not pay the said money.
2. The parties' assertion
A. As the cause of the instant claim, the Plaintiff asserts that each of the instant money was donated to the Defendants on the condition that “the Defendant shall support the Plaintiff, such as monthly payment of living expenses,” and that, since the Defendants did not support the Plaintiff, each of the instant money was revoked by the delivery of the duplicate of the instant complaint, and sought a return of the amount corresponding to each of the instant money.
B. As to this, the Defendants cannot be deemed to have donated the money of this case to the Plaintiff as they were received from D, not to the Plaintiff. ② The Plaintiff and the Defendants did not discuss the terms and conditions on the payment of each of the instant money between the Plaintiff and the Defendants. Therefore, each of the instant money does not have been paid as a gift agreement with a charge, and ③ receive a large amount of money.