The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. Basic facts

A. The Plaintiff is the friendship of D, the father of the Defendants, and D (hereinafter “the deceased”) died on July 8, 2019.

B. On October 10, 2005, the Plaintiff transferred KRW 30,000,000 to the deceased’s account.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 2-4, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserted that on October 10, 2005, the plaintiff lent KRW 30,000,000 to the deceased, and the deceased paid only KRW 4,000,000 to the plaintiff and died, so the defendants, the inheritor of the deceased, are obliged to pay the plaintiff the remainder of the loans (= KRW 30,000,000 - KRW 4,000,000), and delay damages therefrom, according to their respective inheritance shares.

B. The Plaintiff’s assertion that the Plaintiff lent money to the Plaintiff even if there is no dispute as to the existence of the number of money between the parties, is liable to prove that the lending was made (see, e.g., Supreme Court Decision 2013Da73179, Sept. 15, 2015). 2) The Plaintiff transferred KRW 30,000 to the deceased’s account on October 10, 2005. According to the evidence No. 1-2, the Plaintiff’s statement in the evidence No. 1-2, although it is acknowledged that the Plaintiff transferred KRW 4,00,000 to the Plaintiff’s account on April 10, 2008, and on the other hand, according to the evidence No. 3, the Plaintiff had the burden of proving that the Defendants sent KRW 30,000 to the Plaintiff on July 29, 2019.

In addition to the above facts and the purport of the entire arguments, the following circumstances, namely, ① the Defendants received KRW 30,000,000 from the lease deposit while leasing the apartment owned by the deceased to E, who is the Plaintiff’s children, and the deceased borrowed the above money from the Plaintiff.