대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. From December 3, 2013 to July 16, 2015, the Plaintiff loaned KRW 39,936,000 to the network D (hereinafter “the deceased”) over ten occasions on a ten-time basis due date for reimbursement of KRW 39,936,00 from November 30, 2015 and the rate of KRW 5% per month.
Although Nonparty C (the deceased on July 8, 2016) who died in an unmarried manner and was born by the deceased solely inherited the deceased, the deceased inherited the deceased jointly with his/her children E, F, and the Defendant due to the death of the deceased C, but among them, E, F have succeeded to the deceased’s abandonment of inheritance and the qualified acceptance, and thus, the Defendant sought loans from the deceased C within the limit of inherited property inherited from the deceased C.
2. According to the reasoning of the judgment No. 1, 200,000 on December 3, 2013, 201, 300,000 on April 28, 2014; 3,000, 436,000 on August 5, 2014; 5,00,000 on August 18, 2014; 5,000,00 on May 5, 200 on September 29, 2014; 3,000,00,007,007,000,000 on September 7, 200, 2007; 3,000,000 won on each of the following accounts: < Amended by Presidential Decree No. 175035, Mar. 30, 2015; Presidential Decree No. 175065, Oct. 16, 2015>
However, the plaintiff bears the burden of proving that the amount of this case is a loan.
Therefore, in light of the fact that the plaintiff and the deceased were in an internal relationship while denying this, the loan certificate was not prepared once between the plaintiff and the deceased, and the plaintiff received a total of KRW 21,105,780 from the deceased during the same period, it is not sufficient to recognize that the above recognition facts and the notice sent by the defendant to the plaintiff are loans of this case, and there is no other evidence to acknowledge this.
3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.