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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.
Reasons
1. The reasoning for this part of the judgment of the court is the same as the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The Plaintiff’s assertion (1) between around 2000 and June 1, 2013, the Plaintiff lent money from around 500,000 dollars to the Deceased as follows.
① Around 200,000 dollars 5,00 per month (=5,000 dollars x 60 months) was lent by means of making the Deceased take profits from N operated by the Plaintiff from around 2003 to 2007.
② From October 2007 to July 2013, 201, the Plaintiff lent USD 85,750 in total by paying USD 1,225 to the Plaintiff the monthly rent of the O apartment building in which the deceased’s husband and wife resided (=$ 1,225 x 70 months).
③ The Plaintiff lent money to the Deceased by means of paying cash directly to the Deceased P or the Deceased. From June 30, 2010 to April 3, 2012, only the amount confirmed from June 30, 2010, was about KRW 70,00,00, and the Plaintiff borrowed living expenses from time to time.
(2) As above, the Deceased prepared the instant loan certificate on June 7, 2013 in the meaning of clarifying the existence of the loan obligation against the money borrowed from the Plaintiff and concluding a novation or other equivalent contract by determining the amount.
(3) The Plaintiff received 200 million won out of the instant loans from L Bank upon the deceased’s will, and thus, upon conversion into US dollars, the Plaintiff’s remaining loan obligations amounting to USD 323,788.
(4) Therefore, the Defendant, who is the inheritor of the deceased, is obligated to pay to the Plaintiff USD 107,929 out of the above loan debt amounting to one-third of that share of inheritance (=323,788 x 1/3) and damages for delay.
B. (1) The plaintiff did not pay or lend USD 500,000 to the deceased.
The loan certificate of this case is obtained by the Plaintiff.