1. The plaintiff's appeal is all 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. The plaintiff's assertion

A. The Plaintiff and the deceased H (hereinafter “the deceased”) have been engaged in monetary transactions from the previous date. On December 28, 2001, the Plaintiff, while additionally lending KRW 893,000,000 to the Deceased, agreed that the total amount of loans to the Deceased was KRW 1.13,00,000,000, and the interest rate was 12% per annum and the due date was determined on December 27, 2004.

B. The Deceased, who borrowed the above 893,00,000 won from the Plaintiff, was used to purchase 100,319 shares of the Plaintiff Company I (hereinafter “I”), but 70,000 shares were purchased in the name of the Plaintiff, and thereafter, agreed to return 70,000 shares purchased in the name of the Plaintiff when the Deceased repaid the above loan to the Plaintiff.

C. Around 2005, the deceased would have repaid the above borrowed money, and the Plaintiff returned to the deceased the entire shares of 70 million won. However, the deceased paid only KRW 350 million out of the borrowed money to the Plaintiff.

Therefore, the Deceased is obligated to repay the remainder of KRW 780 million to the Plaintiff (i.e., KRW 1130 million - KRW 350 million). However, the Deceased died before the instant lawsuit was filed. As such, the Intervenor, the inheritor, is obligated to pay the remainder of the loans and damages for delay according to their respective inheritance ratios.

The Plaintiff, as a partial claim, sought payment of KRW 100 million out of the remainder of the loans from the Defendants.

2. Determination

A. A. Even if a disposal document is a disposal document, if there is a special or implied agreement different from the content, part of the content may be recognized differently, and in interpreting a person’s legal act, it may be determined with free conviction to the extent that it does not contravene the empirical rules and logical rules (see, e.g., Supreme Court Decision 88Meu12506, Sept. 12, 1989). 2) The disposal document or the document on lending and borrowing of money is not a disposal document or a document on the repayment of the borrowed amount.