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1. The Defendants are limited to KRW 49,175,00 each to the Plaintiff within the scope of the property inherited from the network B.
Reasons
1. Basic facts
A. At the request of B, from December 8, 2006 to October 6, 2009, the Plaintiff deposited KRW 119,700,000 in the account in the name of Nonghyup and the Korean bank (hereinafter “the instant money”). B deposited KRW 21,350,00 in the name of E or F between February 1, 2007 and October 8, 2012.
B. On May 29, 2018, the Defendants, the inheritor, inherited B’s property at the 1/2 equity ratio, and taken over the instant litigation procedure.
C. On the other hand, on July 13, 2018, the Defendants filed a report on the inheritance limited recognition with the Seoul Family Court Decision 2018Ra-Ma52437, and received a decision to accept it from the above court on August 16, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 6, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that: (a) the Plaintiff loaned the instant monetary amount to B from B to October 8, 2012; and (b) the Plaintiff received only KRW 21,350,000 from B and received only KRW 98,350,000,00; and (c) upon the death of B, the Defendants inherited the said loan obligations 1/2; (d) the Defendants are liable to pay the Plaintiff damages for delay from October 9, 2012, each of which is the date following the last repayment date of the said loan.
B. The Defendants’ assertion (1) is not a loan, but a loan, and it is merely a refund of KRW 236 million that B left to the Plaintiff on October 23, 2006 at B’s request. The amount deposited to the Plaintiff by October 8, 2012 is not a repayment, and the amount paid by B, who received the government-funded construction from the Plaintiff’s help, was paid as a reward to the Plaintiff.
(2) Even if the Plaintiff had a loan claim against B, the Defendants, the inheritor, were subject to a qualified acceptance judgment by the court. Therefore, the Defendants are obliged to repay the loan to the Plaintiff only within the scope of the inherited property from B.