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1. The defendant shall pay 39,798,000 won to the plaintiffs and 15% per annum from January 11, 2018 to the day of complete payment.
Reasons
1. Basic facts
A. The deceased died on January 5, 2017, and the Plaintiffs jointly inherited the deceased’s property as the deceased’s children.
B. The Deceased remitted KRW 2,912,00 to the Defendant around December 23, 2015, the sum of KRW 1,500,000 to July 24, 2016. From March 2016 to July 24, 2016, the Deceased remitted the sum of KRW 1,735,000 to the Defendant’s E account from July 2016, and received KRW 7.9 million from July 2016 to August 20 of the same year, and the Defendant’s wife remitted the sum of KRW 3,340,000 from March 2016 to August 20 of the same year.
C. On November 2016, the Deceased paid KRW 25 million for the commercial building rental deposit for G Hein's house operated by the Defendant, and disbursed KRW 4,786,00 in the card price and KRW 7.9 million in total for the purchase cost, such as household parcels, around November 2016.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 6 (including additional number), the purport of whole pleading
2. Determination
A. According to the above facts, the deceased transferred 4,1910,00 won (2,9120,000 + 9.45550,000 + 37,686,000 won to the defendant's care house opening expenses, and the defendant paid 37,686,00 won to the deceased in lieu of the defendant's care house opening expenses, barring any special circumstance, the defendant has a duty to return the deceased's total amount of KRW 79,596,00 to the deceased. Since the plaintiffs jointly inherited their claims, the defendant is liable to pay each of the plaintiffs 39,798,00 won (79,596,000 ± 79,596,000) and damages for delay calculated by 15% per annum from January 11, 2018, the day following the delivery of a copy of the complaint of this case to the day of full payment.
B. The Defendant’s assertion and judgment 1 Defendant, living together with the deceased, operated a restaurant, and the Plaintiff’s name, whose credit card sales amount, etc. is different from that of the Plaintiff’s sea area restaurant and the Defendant’s name.