1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The plaintiff is C's children.

C died on March 23, 2016.

B. The following is written in the name of the Defendant and the Defendant’s husband D.

(hereinafter referred to as “the loan certificate of this case”). To pay the above-mentioned amount by the end of November, 2014, the principal shall be determined in one copy of the monthly interest, and all of them shall be liable and repaid by B.

BD March 3, 2014

C. From April 21, 2014 to March 21, 2016, Defendant and D remitted KRW 400,000 to the Plaintiff’s account each month.

The husband D of the defendant died on March 20, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 6, Eul evidence 4, Eul evidence 6, Eul evidence 6, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant and D entered into a contract with C on March 3, 2014 with respect to the primary claim that: (a) the amount borrowed KRW 40 million; (b) the interest rate of KRW 1% per month; and (c) the due date on November 30, 2014; and (d) the interest and principal shall be paid to the Plaintiff as a third party.

This is a monetary loan contract for a third party, and the plaintiff opened a financial account that can receive interest and provided it to the defendant and expressed his/her intention of profit.

Therefore, according to the above contract, the defendant is obligated to pay the loan amount of KRW 40 million to the plaintiff as a beneficiary and the delay damages.

B. The Defendant and D, on the conjunctive claim, concluded a monetary loan agreement with C on March 3, 2014, setting the borrowed amount of KRW 40 million, interest KRW 1% per month, and the due date for payment as of November 30, 2014, and thus, they are obliged to pay C the borrowed amount, interest, and delay damages.

The plaintiff is one of the successors of C, and the defendant is obligated to pay the above money to the plaintiff, in consultation with other inheritors.

The defendant asserts that there is no means to prepare a loan certificate prepared between C and C, but also.