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1. The Defendant: (a) against Plaintiff A, the amount of KRW 21,428,571, and KRW 14,285,714 for each of the said KRW and each of the said KRW 14,285,714 for each of the said KRW and each of the said KRW to Plaintiff B and C
Reasons
1. Basic facts
A. The Plaintiffs, as the wife consciousness of the deceased E (the deceased on March 27, 2015, hereinafter “the deceased”), succeeded to the Plaintiff’s property KRW 3/7 shares, Plaintiff B, and C, respectively.
B. On November 22, 2012, the Deceased remitted KRW 80 million to the Defendant with the money loaned from financial institutions, etc.
C. After the Deceased’s death, the Plaintiff discovered that the Defendant received KRW 80 million from the Deceased, and received KRW 30 million from the Defendant on April 14, 2015 as partial repayment of the said money.
[Ground for recognition: Facts without dispute, Gap 1, 3, and 4 (including each number, if any; hereinafter the same shall apply)
(2) Each entry and the purport of the whole pleading
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion lent KRW 80 million to the Defendant on November 22, 2012, and the Plaintiffs inherited the deceased’s property in 3/7 shares, 2/7 shares, and 2/7 shares, respectively.
B. The gist of the defendant's assertion is that the defendant, while living a crypt and living together with his family members in a extreme period of more than 2 years, the deceased 80 million won was donated to the defendant as he loved the defendant, and that the defendant paid 30 million won to the plaintiff side by coercion or intimidation of the plaintiff A.
C. Each description of evidence Nos. 4 and 8, the purport of the entire pleadings, and the following circumstances acknowledged therefrom, i.e., (i) the Defendant’s attitude to the Plaintiff’s side before the instant lawsuit was filed, and (ii) the evidence submitted by the Defendant alone, which led the Defendant to an extreme nursing of the Deceased.
The payment of KRW 30 million to the Plaintiff on April 14, 2015 is difficult to be deemed by coercion or intimidation. ③ The size of the property of the Deceased and the Plaintiff Husband and wife A, and the period at which the Deceased’s family members support a minor’s minor child, which eventually led to a long-term illness and a different name. ④ The payment of KRW 30 million to the Plaintiff on April 14, 2015.