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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Nonparty I (hereinafter “the deceased”) died of a traffic accident on February 5, 2012, and the Defendants and Nonparty J jointly inherited the deceased’s property.
B. After the deceased died, the Defendants received 65,000,000 won from the Hyundai Marine Fire Insurance Co., Ltd. with the death insurance money, and paid 10,000,000 won among them to the Plaintiff (K prior to the opening of the name).
C. Meanwhile, between October 11, 2005 and August 9, 2007, the sum of KRW 16,200,000 was transferred from the Plaintiff’s account to the Deceased eight times.
[Reasons for Recognition] Unsatisfy, Gap evidence 2 through 18 (including provisional number), Eul evidence 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion as to the cause of the Plaintiff’s claim is as follows: (a) from around 2003 to around 2010, the Plaintiff lent money to the Deceased by means of account transfer, cash payment, etc.; and (b) the amount exceeds KRW 65,00,000,000; (c) on January 20, 201, the Deceased would return money borrowed from the Plaintiff to the Plaintiff, etc. on or around January 20, 201; (d) the amount borrowed from the Plaintiff was KRW 65,00,000; (e) interest amount was KRW 2% per month; and (e) money borrowed from the Plaintiff on October 20, 201 (Evidence 1; hereinafter “the instant loan certificate”).
3) Therefore, among the co-inheritorss of the deceased, the Defendants, who are some of the co-inheritorss of this case, are obligated to pay to the Plaintiff the remainder of KRW 47,142,000,000 except for the part inherited by Nonparty J, among the remainder of KRW 55,00,000,000, excluding the part inherited by Nonparty J, as well as the delay damages therefor, in proportion to the Defendants’ inheritance shares. (B) The Plaintiff and the Deceased were in a relationship with the deceased’s birth before the deceased’s birth, not for a loan, but for a gift.
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