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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
Reasons
1. The plaintiff sought payment of 21,80,000 won (=43,60,600,000 won x 1/2) to the defendants who are co-inheritors of the network D, on the ground that the plaintiff lent 41,20,000 won to D by means of cash transfer to D, and 2,40,000 won by means of cash payment, and 43,60,000 won (=43,60,000 x 1/2) respectively, but the court of first instance did not recognize only 41,20,000 won loaned by account transfer and lent 2,40,000 won by means of cash transfer. On the premise of this, the court of first instance rendered a judgment that only the defendants appealed to this part of the plaintiff's claims against the defendants, and thus only the defendants appealed to this part, the scope of the court's appeal is limited to 400,000 won for each account transfer.
2. The following facts do not conflict between the parties, or each entry in Gap evidence Nos. 1, 4, and 5 may be admitted by taking into account the whole purport of the pleadings:
On November 22, 2010, the Plaintiff transferred KRW 1,00,000 to the deposit account in the name of D, as well as KRW 41,20,000,000 on January 18, 2011, and KRW 27,000 on March 6, 2012, KRW 600,000 on March 12, 2012, and KRW 600,00 on March 23, 2012, KRW 60,000 on July 23, 2012, and KRW 3,00,000 on September 23, 2014, respectively.
B. D died on November 2015, and accordingly, the Defendants, who were the children of the network D, became the co-inheritors of the network D as their respective inheritance shares of 1/2.
3. Summary of the parties' arguments;
A. On November 22, 2010, the Plaintiff lent KRW 1,000,000 and KRW 9,000,000 for the purpose of living expenses to the Plaintiff’s network D respectively. The Plaintiff paid KRW 2,400,000 for the account transfer of KRW 600,000 out of KRW 3,00,00 on March 6, 2012 and KRW 600,00 for the account transfer of KRW 2,400,00 for the purpose of operating the Foreign Exchange Center for E, a partner of the network D.