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1. The Defendant, within the scope of the property inherited from the deceased C, shall not exceed 200,000,000 and 85,714.
Reasons
1. Basic facts
A. On December 25, 2016, the loan certificate (hereinafter “the loan certificate of this case”) issued by Nonparty deceased C (the deceased on January 10, 2018, hereinafter “the deceased”) was found at the scene of suicide.
The above loan certificate includes that the deceased borrowed KRW 200 million from the plaintiff.
B. The defendant, as the only inheritor of the deceased, completed the qualified acceptance report.
[Ground of recognition] Facts without dispute, Gap evidence 6, 9, Eul evidence 1, the purport of the whole pleadings
2. Determination on the Plaintiff’s claim for the loan (1) appeared repeatedly with the content that the deceased borrowed medical expenses, etc. from the Plaintiff.
② From the details of the deposit and withdrawal transactions (Evidence A through 4) that the Plaintiff first submitted to this court, only included the descriptions of “D” operated by the deceased or the deceased (hereinafter “the deceased’s business entity”), the content leads to approximately KRW 150 million.
③ The Plaintiff borrowed a considerable portion of the above loans or arranged money received from his/her spouse.
(A) Nos. 18 through 21). (4) In addition, it seems reasonable to use cards related to the deceased or deceased’s business.
(A) Nos. 5, 22, and 5). (5) Even if the deceased’s accounting staff (Evidence No. 13, 14, and 15) or tax agent (Evidence No. 5) make a statement, it is confirmed that the deceased borrowed money from the plaintiff and disposed of it as a tentative deposit (Evidence No. 5). In full view of these circumstances, it is confirmed that the omitted amount from the tentative deposit disposal is also equivalent to the amount given in comparison with the details of the tentative deposit sales). In full view of these circumstances, the plaintiff can be confirmed by a sufficient confirmation that the plaintiff lent KRW 200 million to the deceased, such as the dives of this case.
Therefore, the Defendant, the only inheritor of the deceased, is the Plaintiff within the scope of the property inherited from the deceased C in accordance with the purport of the qualified acceptance, and the above loans amounting to KRW 200,000,00.