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1. The plaintiff's appeal and the claim extended in the trial are all dismissed.
2. This is due to the extension of claims for the costs of appeal.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s summary of the Plaintiff’s assertion and the deceased B (hereinafter “the deceased”) were living together from October 2013 to April 12, 2016, and around January 7, 2015, the Plaintiff leased KRW 45,000,000 to the deceased upon request by the Deceased to “a money to return the lease deposit to the lessee of an apartment owned by the deceased in South-North Korea,” which was known from around October 2012.
In addition, while living together with the deceased, the Plaintiff requested the deceased to keep the money received from the Plaintiff’s business partner, etc. while lending one bank (former foreign exchange bank) and the Nong Bank account in the name of the deceased. From April 13, 2013 to February 26, 2015, the deceased embezzled total of KRW 47,690,000 in the account in the name of one bank in the name of the deceased, and KRW 19,620,000 in the account in the name of the Nong Bank from September 30, 2014 to March 2, 2015 by arbitrarily consuming it by means of transfer from September 30, 2014 to another account in the name of the deceased (=47,310,000 in total).
Accordingly, on July 25, 2015, the Plaintiff and the Deceased agreed that the Deceased would return KRW 55,900,000 to the Plaintiff after settling the said monetary transactions.
However, since the Deceased died on April 4, 2018, the Defendant, as the inheritor of the Deceased, is obligated to pay the Plaintiff the agreed amount of KRW 55,900,000 according to the settlement agreement as of July 25, 2015, and damages for delay.
B. The reasoning of the judgment is insufficient to acknowledge that the deceased agreed to pay KRW 55,900,00 to the Plaintiff after settling the financial transaction in the past around July 25, 2015 between the Plaintiff and the deceased, solely on the basis of the respective statements in Gap evidence Nos. 1 through 9 and the response of each order to submit financial transaction information to Han Bank, Han Bank, Han Bank, Han Bank, and Han Bank, Han Bank, Inc., Ltd. to the Plaintiff, and there is no other evidence to acknowledge otherwise.
The evidence No. 1 of this Decree shall be set forth.