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1. All appeals by the defendant against the plaintiffs are dismissed.
2. The costs of appeal shall be borne by the Defendant.
purport, purport, and.
Reasons
1. Basic facts
A. The Plaintiffs inherited the deceased’s property to the spouse and children of D (hereinafter “the deceased”) who died on November 30, 2007, and Plaintiff B, the spouse of Plaintiff B, and Plaintiff A, the child, inherited at the ratio of 3/5.
In Seoul E market, the Defendant borrowed money from the Deceased several times as a business proprietor dealing with the clothes in the name of “F”.
B. On October 6, 2007, the Defendant drafted to the Deceased a document certifying the following facts (No. 11, hereinafter “instant confirmation document”).
In order to inserting hereinafter referred to as “the Schedule”, KRW 1/2 G association (H) KRW 30 million 1/31 G association (H) KRW 2/28,000,000 KRW 430,000 K Bank (L) KRW 50,000,000 KRW 84,000 KRW 6/3 P 3,000 KRW 680,000 KRW 7/2 N Bank (B) 10,000 KRW 10,000 KRW 3,000.
C. On January 22, 2009, the Defendant deceiving the Deceased from January 2, 2007 to July 2, 2007 at the Seoul Western District Court, thereby deceiving the Deceased to acquire KRW 140 million in total as a loan.
‘A verdict of 10 months of imprisonment with prison labor and 2 years of suspended execution for criminal facts(Seoul Western District Court 2008Hadan1070), which became final and conclusive around that time.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 3, 9, and 11, and the purport of the whole pleading
2. The defendant's assertion from January 2, 2007 to the defendant
7. 2. up to 7.2. A total of KRW 250,48 million borrowed from the Deceased up to eight occasions.
Therefore, the defendant is obligated to pay to the plaintiff B, who is the inheritor of the deceased, KRW 15,288,00 equivalent to the legal inheritance portion 3/5,000, KRW 1920,000 equivalent to KRW 2/5, and delay damages for each of the above amounts to the plaintiff A.
3. Determination
A. Determination on the cause of the claim 1) Further to the above facts, Gap evidence Nos. 4 through 8, 12, and 13 (Additional number) can be acknowledged by the overall purport of each entry and pleading, including branch numbers, under the following circumstances.