Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The plaintiff A is the birth of the deceased I, and the plaintiff J, E, G, D, and F are the lineal descendant of the deceased K, who is the punishment of the deceased I, while the plaintiff B and C are the spouse and lineal descendant of the deceased L, who is the punishment of the deceased I.
On May 2, 2015, as the deceased I died without spouse, lineal ascendant, and lineal descendant on May 2, 2015, the Plaintiffs inherited and inherited the deceased I.
on September 21, 2014, China, M. 102-1802 N building borrowers HI on September 21, 2014
B. On September 21, 2014, the Defendant prepared a loan certificate with the following contents and delivered it to the network I.
(hereinafter “this case’s loan certificate”). 【No dispute exists, entry of Gap’s 1 through 5 (including the number of pages), the purport of the entire pleadings.
2. The summary of the parties' arguments and the arguments of this case asserted that, on the basis of the description of the loan certificate in this case, the net I lent KRW 1,650,000 to the Defendant, the Defendant is obligated to pay the amount equivalent to the above loan to the Plaintiffs who succeeded to the network I according to their respective shares of inheritance.
In regard to this, the defendant argued that the defendant agreed to borrow funds from the deceased I for the purchase of the land at Pyeongtaek and did not actually receive KRW 1,650,000,000, while he did not borrow funds from the deceased I.
In order to recognize the right to claim the return of a loan under a loan for consumption, it must be proved that the loan under the contract has been actually paid along with the existence of the loan for consumption and the maturity of the due date.
Therefore, the issue of this case is whether the deceased I paid KRW 1,650,000 to the defendant according to the contents of the loan certificate in this case.
3. The facts stated that the Defendant borrowed KRW 1,650,00,000 on the loan certificate of this case prepared by the Defendant are stated as above, and the statements and arguments of KRW 6,10 are stated as above.