beta
Text
1. The Plaintiff:
A. Defendant B and C shall be jointly and severally liable for KRW 160,000,000 and shall be from February 19, 2015 to the date of full payment.
Reasons
1. Basic facts
A. Defendant B, C, and F agreed to borrow and jointly operate a store located at H in the following cities: (a) Defendant B, and C, and F agreed to borrow 50,000,000 won as the store lease deposit from the Plaintiff on June 30, 2014 to return the leased term upon the expiration of the lease term.
Accordingly, on July 24, 2014, Defendant B, C, and F paid KRW 50,000 to G as the lease deposit, and leased the store under the name of Defendant B’s son.
B. After that, on July 7, 2014, the Plaintiff transferred the amount of KRW 4,338,00 to Defendant B, C, and F as the price for goods, and leased KRW 13,678,00 in total to the account of I, and KRW 13,678,000 to the account of I. The Plaintiff directly transferred the amount of KRW 50,00,000 on July 15, 2014 as the premium for a store, and leased KRW 100,000 in total to the account of J, a lessee.
C. Defendant B, C, and F had a dispute while operating a new store, and Defendant B murdered F on September 19, 2014.
At present, the new store is virtually closed due to the above case. D.
Defendant D and E are F’s parents as F’s F’s parents. They reported qualified acceptance on the F’s inherited property on November 11, 2014, Cheongju District Court 2014Mo1281, which reported qualified acceptance on December 21, 2014.
[Reasons for Recognition] Unsatisfy, Entry of Evidence A Nos. 1 through 6, Witness K's Testimony, and the purport of the whole pleadings
2. Determination
A. Defendant B, C, and F agreed to borrow KRW 50,00,000 from the Plaintiff as a deposit for the store lease in order to operate a new store, and to return upon the expiration of the lease period. In addition, Defendant B and C borrowed KRW 13,678,00 in total as the price for the goods without an agreement on the time of return, and KRW 10,000 in total as the premium for the store; Defendant D and E reported the qualified acceptance as the co-inheritors and accepted the said qualified acceptance.