대여금
1. The plaintiff's claim against the defendants of this case shall be dismissed.
2. The Defendants shall:
A. The Plaintiff.
1. Basic facts
A. On September 6, 2011, the deceased F (the deceased on November 20, 2013, hereinafter “the deceased”) prepared a certificate of borrowing that the Plaintiff would repay KRW 47,000,000 to the Plaintiff by August 30, 2012 while engaging in monetary transactions with the Plaintiff.
B. On June 17, 2015, Nonparty G, the Plaintiff’s wife, sent to the Defendants a notice of assignment of claims to the effect that “A person himself/herself has a total of KRW 77,863,333, and he/she transferred his/her claim to the Plaintiff.” The content certification reached the Defendants around that time.
C. Defendant B is the deceased’s wife, and Defendant C, D, and E are the children of the deceased, and are co-inheritorss of the deceased.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 6, the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged on the part of the claim for the loan, the Defendants, as co-inheritors of the deceased, have the duty to pay the Plaintiff the amount equivalent to KRW 47,00,000 in proportion to the inheritance share of the Defendants, and delay damages therefrom, unless there are special circumstances.
As to this, the Defendants asserted that the Plaintiff bears the obligation to pay the construction cost of KRW 140,531,666 against the Deceased (hereinafter “the construction cost of this case”). However, the Plaintiff did not pay KRW 67,531,66 among them. Thus, the Defendants asserted that the said unpaid obligation against the Plaintiff of the Deceased and the above loan obligation against the Plaintiff against the Deceased would be offset on an equal amount.
In this regard, the plaintiff asserts that since the plaintiff paid the deceased a sum of KRW 169,056,560 in excess of the above construction cost, all of the plaintiff's obligation to pay the construction cost to the deceased was extinguished.
Along with the Plaintiff, the Deceased entered into a new house construction contract of 30 square meters around April 201 between the Plaintiff and the Plaintiff, and the base construction contract for the construction of leisure workplace around 2014, respectively.