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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The plaintiffs' assertion and judgment
A. The defendant asserts that since the plaintiffs' claim summary E (hereinafter "the deceased") lent KRW 20,830,000 to the defendant, the defendant is liable to pay the plaintiffs who are the inheritor of the deceased KRW 6,943,333 according to the inheritance shares (=20,830,000) and damages for delay.
B. According to the evidence Nos. 2 and 4, the deceased transferred the sum of KRW 1.33 million on December 16, 2003, KRW 1.13 million on Jan. 20, 2004, and KRW 2,0830,000 on Jan. 31, 2004 to the bank account in the name of the defendant, and the deceased transferred the sum of KRW 2,0830,000 on Dec. 5, 2013 to the public branch of the Daejeon District Court, Daejeon District Court 2013Kadan805 on Dec. 5, 2013, it is recognized that the deceased was subject to a provisional attachment (hereinafter “recognition”).
Even if there is no dispute between the parties as to the fact that the money has been received, the plaintiff alleged as a loan for consumption, and if the defendant asserts that it was received as a loan for consumption, the plaintiff asserts that it was received as a result of the loan for consumption. In light of the above legal principles, the plaintiff bears the burden of proving that the money was received as a loan for consumption. In light of the above legal principles, the following circumstances are as follows: (a) documents such as a loan certificate supporting the lending of each of the above remittance transactions are not prepared; and (b) at the time of each remittance transaction, the deceased and the defendant were in a economic community relationship as a legal spouse; (c) it is difficult to conclude that the money was remitted to the defendant by the deceased as a loan for consumption; and (d) the deceased's claim for provisional seizure of this case has been filed nine years after the last remittance date, and as a divorce lawsuit was conducted between the defendant and the defendant, and as to the time of repayment or interest between the deceased and the defendant.