1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff transferred KRW 7,300,000 (hereinafter “the instant money”) totaling KRW 4,800,000 on August 8, 2007 and KRW 2,500,000 on August 20, 2007 to the account of the network E (hereinafter “the network”).

B. From the deceased’s account to the Plaintiff’s account, KRW 2,300,000 was deposited on August 24, 2007, KRW 800,000 on September 4, 2007, and KRW 500,000 on September 23, 2007.

C. The Deceased died on February 28, 2009, and the Defendant B is the deceased’s wife, the Defendant C, and D as the deceased’s children.

As Daegu District Court Decision 2013Ga14382, the Plaintiff filed a loan claim lawsuit against the Defendants stating that “the Plaintiff leased KRW 35,000,000 to the Deceased, which is the inheritor of the Deceased, Defendant B, the inheritor of the Deceased, KRW 15,000,000, KRW 10,000, and KRW 24% per annum from September 27, 2007 to the date of full payment (hereinafter “previous lawsuit”). The said court rendered a favorable judgment against the Plaintiff on November 27, 2014, and the said judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The plaintiff's ground for claim

A. The Plaintiff, the primary cause of the claim, remitted the instant money to the Deceased, and received KRW 2,300,000 among them, and thus, the Defendants, the inheritor of the Deceased, are obligated to pay KRW 5,00,000 unpaid amount as stated in the purport of the claim according to their shares in inheritance.

B. The plaintiff, a preliminary claim, remitted the money of this case to the account held in the name of the deceased. If the deceased did not borrow the money from the plaintiff, the deceased shall receive the money of this case from the plaintiff without any legal cause and gain profits of 5,000,000 won, and thereby, the plaintiff suffered damages equivalent to the same amount. Thus, the defendants, the deceased's heir, as the deceased's heir, shall return the money of this case to the plaintiff in proportion to his share of inheritance.