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1. The plaintiff's primary claim against the defendants is dismissed in entirety.
2. The Plaintiff is inherited from each network D.
Reasons
1. The fact that the Plaintiff loaned money to Defendant B’s wife as follows is recognized by each entry in the Evidence Nos. 1, 5 and 10 (including the serial number).
Loan agreement on the date of lending 5% per month of 23,00,000 won per March 5, 1993, 2.5% per month of 3,500,000 won on March 5, 21993, 5% per July 6, 1993 4% per month of 6.2,00,000,000 won on October 7, 1993, 4% per month of 5,00,000 won per month of 5,00,000 won on August 25, 1993, 4% per month of 5,00,000 won per month of 3.5% per month of 38,50,000 won per month of August 25, 1993.
2. In the above monetary lending relationship with D, the Plaintiff asserts that: (a) the actual borrower is the husband who used it as business funds; (b) the husband who used it as business funds; (c) the borrower jointly borrowed it with D; or (c) Defendant B is liable to pay the above borrowed money and interest and damages for delay arising from the legal interest rate under the Commercial Act; and (d) the Defendant C, who is his wife, is liable to pay the debt equivalent to his share of inheritance.
However, in light of the borrower's statement as shown in No. 6-1 to 3 (each loan certificate), only the evidence submitted by the plaintiff cannot be recognized as the borrower or joint borrower of the monetary lending relationship of this case. There is no evidence to acknowledge that B used D as a business assistant and granted the right of representation as to the loan for funds. Thus, the plaintiff's primary claim against the defendants cannot be accepted.
3. The fact that the plaintiff lent a total of KRW 38,500,000 to D for the determination of the conjunctive claim is as set out in Paragraph 1, and that D died on October 19, 2009, and there is no dispute between the parties that there is the defendant B and C, who is the husband, and his/her father, as his/her inheritor.
On the other hand, the Defendants were granted the recognition of the inheritance limited status on December 7, 2009 by Daejeon District Court’s Family Branch Branch 2009Ra1555, and the report was accepted on December 7, 2009. Thus, the Defendants are the scope of the net D’s inherited property.