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1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The parties' assertion
A. Plaintiff B remitted KRW 20 million on Nov. 1, 2004 to the account in the name of each Defendant, and KRW 3 million on Dec. 21, 2004 by Plaintiff A to the account in the name of each Defendant. On Dec. 23, 2004, Plaintiff A lent KRW 30 million to the deceased E (hereinafter “the deceased”), who is the father of the Defendant on Dec. 23, 2004, and on the same day, the Defendant was obligated to pay KRW 53 million (20 million on Nov. 1, 2004; KRW 3 million on Dec. 21, 2004; KRW 3 million on Dec. 23, 2004; KRW 300,000 on Dec. 23, 2004; KRW 300,000,000 on the loan; KRW 3030,000,000 on the loan; and KRW 3030,000 on the loan.
B. Around the above time, the deceased was engaged in monetary transactions using a bank account under the name of the defendant as he was in bad credit standing. The defendant did not sign the loan certificate of this case or delegate his authority to the deceased. Thus, the defendant did not borrow money from the plaintiffs, and therefore the defendant cannot accept the plaintiffs' claim.
2. Determination
A. According to the statements in Gap evidence Nos. 1 and 2, it can be acknowledged that the plaintiff A transferred the amount of KRW 3 million and KRW 20 million to the Cho Ho Bank account under the name of the defendant at the time of the plaintiffs' assertion, but the above remittance alone is insufficient to view that the plaintiffs lent each of the above money to the defendant.
B. In addition, the loan certificate of this case does not have any evidence to prove the authenticity, and Nos. 4 (the second, the defendant, the deceased, the joint guarantor, the borrowed amount of KRW 53 million, written respectively on December 23, 2005), Gap evidence No. 16 (the power of attorney, December 23, 2004, to delegate the authority to prepare and affix a document on the borrowed amount of KRW 53 million to the deceased), and the defendant No. 8, the mother of the defendant No. 8, to return KRW 50 million to the plaintiff, and the defendant and the deceased are joint and several sureties.