대여금
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Determination on the cause of the claim
A. On December 8, 2009, the Plaintiff’s summary of the Plaintiff’s assertion lent KRW 100 million to the deceased E (hereinafter “the deceased”). The Deceased died without paying the above loan, and Defendant B, Defendant C, and D, the spouse, succeeded to the deceased’s property.
Therefore, the Plaintiff seeks the payment of money calculated according to each statutory inheritance shares as to the above loan obligations against the Defendants, the deceased’s heir.
B. On December 8, 2009, the deceased withdrawn KRW 100,000 from the Plaintiff’s HSBC bank account (Account Number (F) to 50,000,000 won, and the relevant check was presented at the Korean bank pressure control point on March 2, 2014, and the deceased died on March 2, 201, and as his heir, there is a fact that the Defendant C and D, the spouse of the deceased, was the spouse of the deceased.
① However, while the Plaintiff lent KRW 100 million deposited from the Plaintiff’s account to the Deceased, the Plaintiff recognized that it was not entirely determined on important matters in general lending agreements, such as the time of repayment of the loan and interest rate. This, as asserted by the Plaintiff, is considerably exceptional in view of the circumstances that the Defendant, as a bank employee, managed the Plaintiff’s funds for several years, and there was no disposal document verifying the lending. ③ In the case of financial transaction information, even after the deposit of the instant money was made in the said Plaintiff’s account, there were several occasions where the amount was deposited, and almost all the amount was deposited, and it is difficult to conclude that only the said KRW 100 million first withdrawn was the amount lent to the Deceased, and it is difficult to conclude that only the said KRW 100 million deposited at the first time was the amount loaned to the Deceased, and for a considerable period from the time of lending to the filing of the instant lawsuit.