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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The following facts do not conflict between the Parties:
A total of 154,775,000 won was remitted from the account under the name of G to the Defendant’s account as shown in the attached table withdrawal column, and a total of 36,950,000 won was deposited from the Defendant’s account to the G name account as shown in the attached table deposit statement.
G died on December 7, 2018, and Plaintiff A’s spouse, Plaintiff B, C, D, and E are children.
2. The gist of the parties’ assertion argues that, from September 30, 2016 to March 11, 2018, G lent a total of KRW 154,775,00 to the Defendant and received KRW 36,950,00 among them, and did not receive the remainder of KRW 117,825,00,00, the Defendant is obligated to pay the amount calculated by dividing the respective inheritance shares to the Plaintiffs who are the successors of G.
In regard to this, the defendant asserted that when the defendant makes a monetary transaction with the beneficiary, he received the deposit from G by lending the passbook, and immediately or at the same time received the deposit, the defendant withdraws the deposit to the head of the Tong, or the money in the G's passbook, and then he remitted the money to a third party, and that he did not borrow the money from G.
3. Since a loan for consumption is established when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return such ownership in the same kind, quality, and quantity, the above point must be decided upon by mutual agreement between the parties (see, e.g., Supreme Court Decision 2010Da41263, 41270, Nov. 11, 2010). The burden of proving the conclusion of the contract for a loan for consumption is asserted against the Plaintiff in a lawsuit claiming a return of loan.
(see, e.g., Supreme Court Decision 2013Da12280, Jun. 14, 2013). Meanwhile, in a case where money is transferred to another person’s deposit account, such transfer may be made based on various legal causes, such as loan for consumption, donation, repayment, etc., and thus, such transfer is solely based on the fact that such transfer was made.