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Defendants jointly and severally against Plaintiff A, KRW 30,000,00, and KRW 20,000 to Plaintiff B, as well as each of the said money.
Reasons
1. Basic facts
A. Plaintiff A is the spouse of the deceased E (hereinafter “the deceased”) on January 4, 2019, and Plaintiff B is the child between Plaintiff A and the deceased. Each inheritance share is 3/5 of Plaintiff A and Plaintiff B 2/5.
B. Defendant C is the deceased’s words, and Defendant D is the spouse of Defendant C.
C. On September 4, 2015, the Deceased remitted KRW 50,000,00 to the Defendant C’s account.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-1, 2, 2 through 5, the purport of the whole pleadings
2. The assertion and judgment
A. On September 4, 2015, the Plaintiff’s assertion 1) lent KRW 50,00,000 to Defendant C for the purpose of supporting lease deposit. Defendant D, as the spouse of Defendant C, jointly and severally liable for the above loans belonging to the scope of the ordinary home life-related powers. As such, the Defendants are jointly and severally liable for payment of money corresponding to each share of inheritance among the above loans to the Plaintiffs, who are co-inheritors of the Deceased, as co-inheritors. 2) The amount of KRW 50,00,000 paid by the Defendant Deceased to Defendant C is a money with the same nature as assisting each other for a long time.
B. According to the evidence Nos. 5, 7, and 8 of the judgment of the court below, while remitting KRW 50,00,000 to the Defendant C’s account on September 4, 2015, it is recognized that the deceased indicated “C/S deficient portion” in the remarks column, while remitting KRW 50,00,00 to the Defendant C’s account, and even the family register prepared by the deceased before his/her birth, the deceased appears to refer to “T/S deficient portion” as to the above money (FPT Defendants’ dwelling at present), 50,00,000, and Defendant C demanded the return of the said money, and Defendant C demanded the return of the said money from the deceased on February 8, 2020, it is recognized that he/she stated that “A would return money after the maturity of the lease contract to the deceased.”
According to the facts and the above facts, the defendant.