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1. Revocation of the first instance judgment.
2. All plaintiffs' claims are dismissed.
3. Total costs of litigation are assessed against the Plaintiffs.
Reasons
1. Facts of recognition;
A. On November 27, 1998, the Defendants drawn up the net G’s loan certificate (a) borrowed KRW 40,000,000 from the net G (the deceased on September 6, 2015, hereinafter “the deceased”) (a certificate No. 2; hereinafter “the network’s loan certificate”).
B. H’s loan certificate preparation and debt repayment 1) The Defendants and I, on the same day, set up and paid the loan certificate (No. 1; hereinafter “H’s loan certificate”) that requires H to pay Defendant D, joint guarantor, and Defendant F, Defendant F, 50,000,000 won per month, and KRW 2,750,000 per month to H for 25 months. The Defendants paid all obligations based on H’s loan certificates by remitting the above 68,750,000 won (2,750,000 won x 25) to H from April 12, 1999 to May 19, 2006.
C. The plaintiffs are the deceased's children and their successors.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-1, 2, 4, 5, 6, Eul evidence 1, 9-1 through 4, and the purport of the whole pleadings
2. The parties' assertion
A. The Defendants asserted that the Plaintiffs are liable to pay the Plaintiffs, the inheritor of the Deceased’s debt based on the deceased’s loan certificate.
Since the Deceased did not transfer the instant loan claim against the Defendants to H, the Defendants cannot oppose the Plaintiffs due to the discharge of their obligations against H.
B. The Defendants asserted 1) The Deceased transferred his claim based on the deceased’s loan certificate to H, a creditor of the deceased’s fraternity. Accordingly, the Defendants, on the same day as the date on which the deceased’s loan certificate was prepared, gave H a H’s loan loan certificate to H by his/her expression of consent to the assignment of the above credit on the same day as the date on which the deceased’s loan certificate was prepared. From April 12, 1999 to December 31, 2006, remitted KRW 68,700,000 to H as the repayment of the instant loan obligation, and the remaining debt amount was exempted from H. Therefore, even if the transfer of the claim against the Plaintiffs is not recognized, the above claim is not recognized.