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1. The Defendants jointly share KRW 122,771,913 with respect to the Plaintiff, and the period from January 16, 2013 to February 17, 2017.
Reasons
1. Basic facts
A. On October 8, 2012, the Plaintiff married with the deceased D (hereinafter “the deceased”) and was in a marital relationship with the deceased on January 9, 2013. The Defendants are children born between the deceased and E, the former wife of the deceased.
B. The Plaintiff received cash and checks from the Deceased before the Deceased died. After the Deceased’s death, the Defendants confirmed the amount of money to the Plaintiff several times, and demanded that the Plaintiff deposit the money in the joint name of the Plaintiff and the Defendants, and that the Plaintiff would accept it.
C. On January 16, 2013, the Plaintiff and the Defendants agreed to deposit the instant money in the name of the Plaintiff and the Defendants, on the following occasions: (a) the Defendants and the new bank branch, together with the cash and checks received from the Deceased, transferred to a village of a foreign exchange bank and a Dong where the money remains after the Deceased’s hospital expenses, etc. (hereinafter “the instant money”). Unlike the agreement, the Defendants set up the said agreement at a place other than the village of the foreign exchange bank, which is the place where the said money was promised with the shopping bags, and kept or used the said money under their own management until now.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 3-1, 2-2, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The Plaintiff received a donation of KRW 397,00,000,000 from the Deceased for a total of the cash and checks, and then kept the instant money remaining after the deceased’s hospital expenses, etc., but the amount was KRW 374,090,000.
However, although the Plaintiff and the Defendants did not think that they will deposit the instant money in the village of the foreign exchange bank under the joint name of the Plaintiff and the Defendants, they would bring about the Plaintiff to deposit the said money in the joint name, and they lost the Plaintiff’s possession of the instant money, which has been abandoned.
And the defendants.