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1. The Defendant’s KRW 101,300,000 as well as 5% per annum from June 12, 2016 to November 24, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is deceased C on June 12, 2016 (hereinafter “the deceased”).
2) As a dependent on the deceased, the Defendant solely succeeded to the deceased. 2) The Defendant is the Plaintiff’s death, the Plaintiff’s death, and the deceased’s grandparents.
B. 1) The deceased, who was born in 1941, was born in 1941, was born in 1971 and was living separately from his mother (the deceased’s wife) and his mother. 2) After the deceased, the deceased resided with his mother in Busan East-gu (the “Seong-gu”). From around 1984 to 1990, the plaintiff, who was a middle and high school student, was living together with the deceased, and around that time, the defendant and the defendant were living together with the deceased and the plaintiff.
3) From around 1990 or around 1991, the Deceased resided with his mother. From June 2005, the Deceased’s mother died to Kimhae-si E, the Deceased was her married resident. 4) On September 27, 2011, the Deceased was diagnosed by the Busan Medical Center as “marinson’s disease, mixed spinson’s disease, and spinary dysposis’s disease.” On November 23, 2011, the Deceased was diagnosed by the Busan Medical Center.
5) From that time, the Deceased lived at the Defendant’s house located in Busan Dongdong-gu G, and on October 4, 2012, the Deceased moved to the Defendant’s domicile. 6) From April 9, 2014 to June 12, 2016, the Deceased was hospitalized in the “I long-term care hospital” located in Busan Seo-gu, Busan.
C. 1) The Defendant’s deposit withdrawal, etc. (i) the sum of the money deposited in the deceased’s bank account and the Han Bank account from December 13, 2011 to June 9, 2016 (hereinafter “instant deposit withdrawal”) is KRW 202,60,000.
(2) On the other hand, Kim Sea-si, where the deceased resided before moving to his domicile, has withdrawn or transferred to the account in the name of the defendant or the defendant's wife, and used the defendant's loan, living expenses, etc.