1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is the mother of the deceased D (Death on February 6, 2014) and the Defendant C is the husband of the deceased D, and the Defendant B is the child of the deceased D and the Defendant C.

Defendant C and Defendant B are the successors of the network D.

B. On April 12, 2005, the sum of KRW 36.5 million was transferred from the account (Account Number: E) in the name of the Plaintiff to the account of an enterprise bank in the name of the network D.

Meanwhile, on April 14, 2005, the network D established and operated Non-Party F Co., Ltd. F (Representative Directors A) as the cause of Non-Party 50 million capital on April 14, 2005.

C. On March 28, 2007, the Plaintiff borrowed a loan of KRW 150 million from an enterprise bank under the name of the Plaintiff.

On April 10, 2007, from the corporate bank account (Account Number:G) of the Plaintiff’s name, KRW 60 million out of the above loans was withdrawn, and on the same day, the network D deposited KRW 60 million in the account of the Industrial Bank of Korea (Account Number:H) in the Defendant C’s name.

On October 22, 2012, the amount of KRW 3.4 million was deposited from the corporate bank account (Account Number: I) in the Plaintiff’s name.

(1) [Grounds for recognition] unsatisfy, Gap evidence Nos. 1 through 6 (including branch numbers), Eul evidence No. 1, the purport of the whole pleadings.

2. Summary of the plaintiff's assertion

A. On April 12, 2005, the Plaintiff related to KRW 36.5 million lent KRW 36.5 million to the net D, his/her husband and wife.

However, D died on February 16, 2014 without paying the above loans, and her husband C, Defendant C, and Defendant B succeeded to the network D.

Therefore, according to the Plaintiff’s shares in inheritance, Defendant C is obligated to pay the damages for delay, such as KRW 21,900,000, and KRW 14,600,000 and KRW 14,60,000 for each of the above money, as stated in the purport of the claim

B. Regarding KRW 63.4 million, the Plaintiff lent to Defendant C a total of KRW 60 million on April 10, 2007, and KRW 63.4 million on October 22, 2012. Defendant C has a duty to pay the said money and the damages for delay as stated in the purport of its claim.

② Even if the Plaintiff did not recognize that it was leased to Defendant C, the Plaintiff was the spouse of Defendant C.