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1. The Plaintiff, Defendant B, Defendant C, Defendant C, KRW 8,526,57, and each of them, from February 24, 2017 to January 30, 2018.
Reasons
1. Facts of recognition;
A. The deceased D (the deceased on November 11, 2016, hereinafter “the deceased”) left Defendant C and the deceased E (the deceased on December 29, 2016, hereinafter “the deceased”) as his/her child between Defendant B and his/her spouse.
The plaintiff is a woman of the deceased.
B. On September 11, 2014, the Plaintiff applied for permission to use the existing cemetery (a family charnel cemetery, a 16-year period of a memorial cemetery, and a 16-year period of a memorial cemetery; hereinafter “instant cemetery”) at the time of Jinjin-si, and obtained permission to use the cemetery around that time.
On September 11, 2014, the Plaintiff paid KRW 3,843,00,00 for the sale price of the instant cemetery at the time of Jinjin-si.
C. On January 16, 2015, the Plaintiff lent KRW 30 million to the Deceased as the marriage fund of Defendant C. After completing the marriage consciousness of Defendant C, the Plaintiff was repaid KRW 10 million among the deceased.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings
2. The parties' assertion
A. On January 16, 2015, in addition to loans made by the Plaintiff, the Plaintiff additionally lent KRW 10 million to the Defendants after the deceased’s death at his funeral expenses. The Plaintiff received reimbursement of KRW 10 million from the deceased’s funeral ceremony. Accordingly, the Plaintiff’s loan balance against the deceased is KRW 20 million. 20 million. 2) As the deceased’s address was in Incheon, the deceased could not purchase the instant cemetery located at the time of Jinjin-si, and it was demanded that the Plaintiff receive the graveyard under the Plaintiff’s name. The Plaintiff paid KRW 3,843,00 and KRW 14.5 million to the Plaintiff.
B. The summary of the Defendants’ assertion 1) On January 16, 2015, the Deceased borrowed KRW 30 million from the Plaintiff, but Defendant C repaid KRW 10 million after the funeral ceremony. Defendant B repaid KRW 10 million to the Plaintiff on November 22, 2016, which was after the funeral ceremony of the Deceased. Meanwhile, the Defendants did not borrow KRW 10 million from the Plaintiff as funeral expenses of the Deceased. 2) Meanwhile, the Deceased did not acquire ownership in the name of the Plaintiff.