대여금등
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In full view of the overall purport of the arguments in Gap evidence Nos. 1 and 2 (including paper numbers) and Eul evidence No. 1, the plaintiff agreed to lend KRW 40 million to the bank account in the name of defendant D on December 13, 201, and paid KRW 40 million to the plaintiff by December 11, 201, and Eul paid interest to the plaintiff by December 11, 2014, and died on May 27, 2015 when the lawsuit in this case was pending, and the defendant C, the son, the son of Eul, was the son of the same year.
8. 17. Fact that a waiver of succession has been made (In Incheon District Court 2015 Madan1698)
2. Determination
A. According to the above facts as to the claim against Defendant B, the party taking over the lawsuit against Defendant B, the Defendant C cannot be deemed to have succeeded to the obligation to borrow the loan against the Plaintiff. Therefore, this part of the Plaintiff’s assertion cannot be accepted.
B. It is difficult to view that Defendant D is jointly and severally liable for the above loan obligation solely on the ground that Defendant D received KRW 40 million from the Plaintiff as a bank account in the name of Defendant D with respect to the claim against Defendant D. Thus, the Plaintiff’s assertion on this part cannot be accepted.
3. Therefore, all of the Plaintiff’s claims against the Defendants are dismissed. It is so decided as per Disposition.