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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff has 2 South Korea (C, Do, South Korea) and 1 women (E) under Sk, and the defendant is a person married with South Korea C, among the plaintiff's children, who is the plaintiff's children and is believed to be the plaintiff.
B. Around May 2009, the Plaintiff delivered KRW 400,000,00 to the apartment sales price purchased under the name of the Defendant and the network C.
C. The Plaintiff’s children and the Defendant’s spouse (hereinafter “the deceased”) died on March 1, 2014.
[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 2 (including paper numbers, hereinafter the same shall apply), Eul's 2, and the purport of the whole pleadings.
2. The parties' assertion
A. A. A summary of the Plaintiff’s assertion 1) around May 8, 2009, the Plaintiff lent 400,000,000 won to the Defendant when the Defendant purchased an apartment under his/her own name, and the Defendant did not pay it up to the date, and accordingly, the Plaintiff sought payment therefor (2). In addition, on January 29, 2014, the Plaintiff loaned the amount to the Deceased by withdrawing KRW 128,520,00 from the branch office of the F Bank Seo-dong, the F Bank, the Bank, the Bank, the Bank, and the Bank, the Defendant’s spouse, in lieu of KRW 101,642,528.
However, the Deceased died after paying only 45,000,000 won out of the above debt amount. Since the Defendant inherited the above debt as the deceased’s spouse, the Defendant claimed payment of the above amount to the Defendant by asserting that 23,570,000 won [==(100,000 - 45,000,000) calculated according to the Defendant’s inheritance share ratio (3/7) of the loans less the amount of KRW 45,00,000 paid by the Deceased from KRW 100,000,000 claimed by the Deceased.
(See) The Plaintiff’s assertion that the amount of subrogated payment based on the inquiry reply, etc. was KRW 101,642,528, as well as that of the Plaintiff’s claim on September 26, 2017 and November 15, 2017 is KRW 101,642,528. However, the Plaintiff did not modify the purport of the claim.
The plaintiff claimed the claim on June 21, 2018.