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1. The Plaintiff; Defendant B’s KRW 144,857,142; Defendant C and D respectively, KRW 96,571,429; and each of the said money on May 29, 2016.
Reasons
1. Basic facts
A. From December 23, 2014 to June 10, 2015, the Plaintiff remitted the sum of KRW 390 million to the account of the Nonghyup Bank in the network E (hereinafter “the deceased”). The Deceased remitted KRW 52 million in total to the Plaintiff’s Nonghyup Bank account from January 21, 2015 to November 2, 2015.
B. On June 20, 2015, F prepared and presented to the Deceased a certificate of borrowing that he/she borrowed the sum of KRW 600 million from January 1, 2015 to June 20, 2015 by designating the Deceased as the Deceased.
C. On April 19, 2016, the Deceased died, and Defendant C and D, the spouse, jointly inherited the deceased’s property.
[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 8-1, 2, Eul evidence 6, the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff asserted that (1) The plaintiff lent KRW 390 million to the deceased, and the deceased repaid KRW 52 million among them, so the defendants, the inheritor of the deceased, are liable to pay to the plaintiff the remaining amount of money equivalent to each statutory share of 38 million out of the remaining loans of KRW 338 million and damages for delay.
(2) As to this, the Defendants asserted that KRW 390 million, which the Plaintiff remitted to the Deceased, is an investment amount, and even if the said money was loaned, the borrower is not the Deceased but F.
B. (1) The judgment is based on the following circumstances that the Plaintiff transferred KRW 390 million to the Deceased as to whether it was a loan, and as to whether it was a loan, Gap evidence No. 4 (including a serial number; hereinafter the same shall apply), Gap evidence No. 6, Eul evidence No. 6, and Eul evidence No. 6, the purport of the entire pleadings as a whole. In other words, the Plaintiff did not have any discussion as to the terms and conditions of investment or the method of distributing profits and losses between the Plaintiff and the Deceased, while the Plaintiff wired KRW 390 million to the Deceased, and there was no discussion as to the terms and conditions of investment or the method of distributing profits and losses between the Plaintiff and the Deceased. F prepared a loan certificate of KRW 60 million with the obligee as the Deceased, and the Deceased promised to repay the Plaintiff KRW 390 million