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1. The defendant is entitled to KRW 60,000,000, within the scope of the property inherited from the deceased B, as well as to the plaintiff.
Reasons
1. Basic facts
A. The net B, even if it borrowed money to the Plaintiff, did not have the intent or ability to repay the borrowed money to the land (referring to the land in the name of Non-Party G on August 6, 2013). Around July 15, 2013, if it borrowed money in the name of F and borrowed money, if it borrowed KRW 150 million due to a shortage of construction funds, it would repay KRW 170 million after borrowing the money in the name of F and then, it would have the Plaintiff borrow KRW 166 million in the name of the account in the name of Non-Party G on or around August 6, 2013, and then, on or around August 8, 2013, it received KRW 234 million in the name of the net account in the name of Non-Party G and acquired KRW 16.4 million in the aggregate from around 20 million on or around 200,000.
B. On December 31, 2017 during the instant lawsuit, the deceased on December 31, 2017, and H, I, and the Defendant were the heirs, and H and I reported each renunciation of inheritance to the Gwangju Family Court 2018 D and H were the Defendant on March 19, 2018, and the Defendant reported each renunciation of inheritance, respectively, and received each acceptance decision from the above court on March 28, 2018.
C. On March 30, 2018, the Defendant taken over the instant lawsuit against the Plaintiff’s deceased B.
[Ground of recognition] Each entry of Gap evidence 1, 2, 3, 5, Eul evidence 3-1, 2, and Eul evidence 4, and the whole purport of the pleading
2. Determination:
A. According to the above facts of recognition, the network B is obligated to pay the Plaintiff the amount of KRW 60,000,000 as compensation for the damage caused by deception, and the Defendant, who was judged to accept the inheritance limited acceptance, is obligated to pay the said amount to the Plaintiff within the scope of the property inherited from the network B.
B. Therefore, the defendant shall compensate for 60,000,000 won by deceit within the scope of the property inherited from the network B, and shall be repaid as from September 5, 2013 to August 15, 2017, which is the day following the delivery date of the copy of the complaint of this case, as sought by the plaintiff after the date of tort.