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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The deceased lent KRW 300 million to D on April 17, 2006, and as the deceased died on June 17, 2006, D agreed on September 26, 2006 to make installment payments of KRW 150 million out of KRW 300 million until December 5, 2006 to the plaintiff and his/her children who succeeded to the deceased, until December 5, 2006, and KRW 50 million until March 31, 2007; and the remaining KRW 100 million until September 30, 2007.
B. D’s payment of KRW 150 million out of the above KRW 300 million and the remaining KRW 150 million was not made. The Plaintiff filed a lawsuit claiming loans with Seoul Central District Court 2008Gahap84781 and was sentenced on October 29, 2008, “The Defendant shall pay to the Plaintiff KRW 150 million with KRW 6% per annum from April 17, 2006 to September 11, 2008, and 20% per annum from the next day to the date of full payment.” The above judgment was finalized on December 2, 2008.
C. D on February 23, 2007, sold KRW 1.00 billion to H on the same day, sold KRW 1.00 million on the same day from H, and deposited it into the Defendant’s Han Bank account after having received each check on February 27, 2007, and deposited KRW 250 million on February 25, 2007. On February 25, 2007, the Plaintiff sold KRW 310,904 on the ground of 2 lots of land outside Songpa-gu, Seoul, and sold KRW 80,000 won on the same day to K, and transferred KRW 1.8 million on the same day to the Defendant’s bank account after receiving the down payment of KRW 80,000,000 from K to its own bank account; KRW 310,000 on the same day, one of the remainder after having received the Defendant’s check on February 27, 2007; and one of the remainder deposited into the Defendant’s account.
On March 6, 2007, the defendant paid 78,341,800 won, which was part of the money deposited into his own bank account, as part of the deposit money of 1105, 204, Gwangjin-gu Seoul Special Metropolitan City L Apartment 1105,204, and the same month.
7. The remainder of 501,658,200 won for the defendant's Yang Bank Tang.