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1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
Reasons
1. The Plaintiff and the Defendant are male and female 2 male and female between the father C (hereinafter “the deceased”) who died on June 26, 2014 and the mother D (hereinafter “the deceased D”) who died on February 14, 2014.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. The assertion and judgment
A. On August 6, 2013, the gist of the Plaintiff’s assertion, the network D kept KRW 10 million to the Defendant, and the network C lent KRW 8 million to the Defendant on March 12, 2008, and the Defendant did not return it to D and deceased C.
Therefore, the Defendant is liable to pay the Plaintiff the amount of KRW 3.6 million (=(10 million x 1/5) x 8 million x 1/5) equivalent to the Plaintiff’s share of inheritance, which corresponds to the net D’s claim for return of deposited money and the net C’s claim for return of borrowed money, and the amount of delay damages.
Preliminaryly, as the network D and deceased C donated the above KRW 10 million to the Defendant, and there was a shortage of legal reserve of inheritance in the Plaintiff, the Defendant is obligated to pay to the Plaintiff 1.8 million won [i.e., KRW 10 million x 1/5 x 1/2) (8 million x 1/5 x 1/5 x 1/2) and damages for delay.
B. Comprehensively taking account of the overall purport of the pleadings as to the statements in Gap evidence Nos. 6 through 10, the fact that the deceased terminated the deposit account in the name of the deceased on August 6, 2013 and transferred KRW 10 million to the deposit account in the name of the defendant, which was opened on the same day, and that the network C sold the land of KRW 876m2 before E on March 11, 2008 to KRW 92 million in the name of the deceased on March 11, 2008. The deceased sold KRW 75 million to the deposit account in the name of the network C. The fact that the mortgage (the maximum bond amount is KRW 8 million, the debtor, the defendant, and the Seoul Guarantee Insurance Co., Ltd.) established on March 25, 2008 on the above real estate by the third party, not the debtor, was cancelled on August 7, 2003.
However, the fact of the above recognition alone entrusted the Defendant with the custody of KRW 10 million and KRW 8 million.
or the network D and C are the defendant 10 million won.