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1. The plaintiff (appointed)'s claim is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
Reasons
1. The parties' assertion
A. The intent of the Plaintiff’s assertion and the mother of the other designated parties (hereinafter “the deceased”) have lent money to the Defendant from the beginning of 1990. Around January 1, 1998, around KRW 100,000,000,000 to the Defendant, each of which was determined as KRW 153,000 per month, and KRW 60,000,000,000 to the Defendant.
Since the deceased died on May 15, 2009 and the plaintiff and the remaining designated parties jointly inherited the above loan claims, the defendant is obligated to pay the loan and damages for delay to the plaintiff and the remaining designated parties in accordance with their respective inheritance shares.
B. The summary of the Defendant’s assertion was at the request of the Deceased in early 1990, and a monetary transaction was made on behalf of the Deceased, leading to a loss caused by a stock investment failure. As the Deceased was considered to have suffered loss, there was a dispute as to whether the Defendant is liable for all the loss.
The defendant transferred the apartment in the name of the deceased's strong demand and Do responsibilities, or set up a collateral in the name of the deceased's mother's name on the real estate in the name of the mother's name, and only he paid money for a long time as the living expenses are insufficient.
2. The plaintiff's assertion that there was no dispute between the parties to the judgment as to the fact that the money was received, but the loan was lent, if the defendant contestss against the defendant, the party bears the burden of proving the loan.
(See Supreme Court Decision 72Da221 Decided December 12, 1972, and Supreme Court Decision 2014Da26187 Decided July 10, 2014). In full view of the purport of the entire pleadings as a whole, the Defendant deposited money in a deposit account in the name of the deceased from April 13, 1992 to December 3, 2007, taking into account the following: (a) each statement of evidence Nos. 1 through 4 (including serial numbers); and (b) the NH Nonghyup Bank of this Court; and (c) each financial information submission order with respect to Korean currency investment securities.