1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Basic Facts

The Plaintiffs, Defendant, and F, as their brothers and sisters of the network G, were deceased on May 28, 2017 by the network G (hereinafter referred to as “the deceased”).

On October 17, 2016, KRW 170 million, including KRW 60 million, and KRW 110 million on October 21, 2016, was remitted to the Defendant from the H Association account of the Deceased.

[Ground of recognition] The deceased transferred the amount equivalent to KRW 170 million to the Defendant on October 17, 2016, and KRW 170 million on October 21, 2016, by remitting the amount of KRW 170 million in total to the Defendant, as stated in the facts without dispute, Gap evidence Nos. 1 through 7 and 9 (including each number of branches), and the purport of the argument of the plaintiffs as to the whole purport of the arguments.

Therefore, the deceased holds a loan claim amounting to KRW 170 million against the defendant. As the deceased died, the above loan claim was divided into inheritance (1/6) and succeeded to the deceased's heir according to statutory inheritance (1/6).

Therefore, the Defendant, as the inheritor of the deceased, is obligated to pay each of the 28,33,333 won (=170 million won x 1/6) and damages for delay to the Plaintiffs, who are the inheritor of the deceased.

Judgment

Even if there is no dispute between the parties as to the fact that money has been received, if the defendant contests against the plaintiff's assertion that the lending was made, the party bears the burden of proving that the lending was made.

(see, 2013Da73179, Sept. 15, 2015, etc.). According to the evidence Nos. 9 and 12-1 of the evidence Nos. 12-1, the Defendant’s transfer of KRW 590,00 to the deceased’s account on November 20, 2016, KRW 572,00 on December 20, 2016, and KRW 591,397, Jan. 20, 2017, and KRW 91,972 on February 21, 2017, respectively, to the effect that the Plaintiff and the Deceased paid the money as interest payment on the borrowed money (the Plaintiff asserts that the Plaintiff paid the money as the seal of the deceased’s account on September 18, 2016 (hereinafter referred to as “the seal of the deceased”).