Text
1. Defendant B shall be KRW 24,500,000 and KRW 7,500,000 among them to the Plaintiff within the scope of the property inherited from the network D.
Reasons
1. Basic facts
A. On October 18, 2019, the Plaintiff transferred KRW 3 million to the deceased D (hereinafter “the deceased”) on October 18, 2019, but received KRW 3030,000 from the Deceased on November 13, 2019.
B. In other words, the Plaintiff, on November 26, 2019, remitted KRW 4 million to the Deceased, but received a remittance of KRW 4 million from the Deceased on December 9, 2019.
C. From October 18, 2019 to December 27, 2019, the Plaintiff: (a) transferred the sum of KRW 15 million to the Deceased three times; and (b) between the Deceased and the Deceased, the Plaintiff prepared a loan certificate stating that “The Deceased would pay KRW 15 million to the Plaintiff by January 11, 2020.”
In other words, from January 9, 2020 to the 30th of the same month, the Plaintiff remitted total of KRW 34 million to the Deceased on five occasions.
E. Defendant B is the father of the deceased, Defendant C is the mother of the deceased, and the deceased did not have any unmarried child at the time of death.
F. On March 18, 2020, Defendant C filed a report on the renunciation of inheritance on the deceased’s inherited property as the father-supporting branch of the Incheon Family Court 2020-Ma10139, and was tried on May 13, 2020 by the above court to accept the said report.
G. In addition, on March 24, 2020, Defendant B reported the qualified acceptance of the deceased’s inherited property on March 24, 2020 as the father- Branch of the Incheon Family Court Decision 2020 Ma10146, and was adjudicated by the above court on May 20, 2020.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3 evidence, Eul's 1 through 3 evidence (including each number), the purport of the whole pleadings
2. According to the above facts of recognition, it is reasonable to view that all the above funds that the Plaintiff remitted to the deceased were loaned to the deceased, and barring any special circumstance, the deceased’s heir is the total amount of KRW 49 million (=i.e., loans totaling KRW 15 million from October 18, 2019 to December 27, 2019) and damages for delay from January 9, 2020 to December 30.