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1. All appeals by the plaintiffs and the defendant are dismissed.
2. The plaintiffs' preliminary claims added by this court.
Reasons
1. The reasoning for the judgment of the court of first instance cited by the court is as stated in the reasoning for the judgment of the court of first instance, except for the addition of the following "the determination of the conjunctive claim" with respect to the conjunctive claim added by the plaintiffs in this court. Therefore, the reasoning for the judgment is cited by the main text of Article
2. Determination on the conjunctive claim
A. The Defendant embezzled the above amount of KRW 510,00,000, which was withdrawn on May 2, 2014 from the deposit account in the name of the gist of the Plaintiffs’ assertion, to the Defendant. Therefore, the Defendant is liable to compensate for damages equivalent to the said amount to D. Accordingly, the Defendant is liable to compensate for damages to the Plaintiffs, who are the inheritors of D. (=510,000,000 x 1/4). The Plaintiffs seek payment of KRW 63,750,000, which is a part of the said amount, and damages for delay.
B. Considering the following: (a) the evidence submitted by the Plaintiffs alone is insufficient to acknowledge that the Defendant embezzled the aforementioned money deposited in the deposit account in 2014, i.e., the Defendant’s use of the money deposited in the name of the Defendant or the Defendant’s family members; (b) although D was old at the time of holding the said deposit, it appears that D could not have any big difficulty in daily life; and (c) in view of the fact that D, who did not have any special property other than the said deposit, could have disposed of considerable amount of money, such as donation of KRW 50,000 to the JJ conference in 2014; and (d) the evidence submitted by the Plaintiffs alone, is insufficient to acknowledge that the Defendant embezzled the money deposited in the deposit account in 200,000.
Therefore, the above argument by the plaintiffs is difficult to accept.
3. Accordingly, the judgment of the court of first instance is just with this conclusion, and all appeals by the plaintiffs and the defendant are dismissed, and the preliminary claims added by the plaintiffs in this court are also dismissed.