Text
1. As to KRW 53,571,428 and KRW 32,142,857 among the Plaintiff, Defendant B shall be from December 31, 2015 to April 5, 2016.
Reasons
1. Basic facts
A. The Plaintiff is the mother of Nonparty E, and Defendant B’s wife and Defendant C&D are children of Nonparty E.
E was running the F Co., Ltd. F (hereinafter “Nonindicted Company”) and died on October 29, 2015.
B. On March 31, 2011, the Plaintiff was transferred KRW 263,500,000 from Nonparty G to the Plaintiff’s account among the proceeds from selling the H site, etc. in Busan Northern-gu.
The Plaintiff deposited this money in a national bank under the name of her parent I, and was permitted to receive E’s request for lending. At the Plaintiff’s direction, I withdrawn the money deposited in the national bank under the Plaintiff’s own name, and then remitted KRW 50,000,000 to the Non-Party Company’s account on January 5, 2012 in the Plaintiff’s name.
E borrowed the above money, from March 2012, E sent 725,250 won per month to the Plaintiff from the Non-Party Company’s account. From January 2013, E additionally remitted 300,000 won per month to the Plaintiff’s account in the name of an individual.
C. On April 9, 2014, E remitted KRW 200 million from the Non-Party Company’s account to the Plaintiff’s account as “debt repayment.” On the same day, E requested the Plaintiff to receive KRW 100 million from the road in the name of E, and on October 16, 2014, requested the Plaintiff to receive additional KRW 100 million from the account in the name of E.
E transferred to J, K, etc. the non-party company on December 2014. K transferred KRW 75,000,000 to L’s account of acquiring shares in the name of L among the shares of the non-party company, and the Plaintiff and E deposited KRW 75,00,000 in the name of the Plaintiff.
[Reasons for Recognition] In the absence of dispute, Gap 1 through 16 (including additional numbers), Eul 1, Eul 1, witness I's testimony, the results of the plaintiff himself examination, the Daegu Bank and the Korean National Bank's financial transaction information meetings and the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, KRW 200,000,000 of the Plaintiff’s money was finally deposited into the E personal account. In addition, E transferred KRW 1,025,00 per month to the Plaintiff in the name of the non-party company account and E individual.