Text
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Comprehensively taking account of the respective entries and arguments in Gap evidence Nos. 1 through 3 (including additional numbers) as to the cause of claim, the deceased C loaned KRW 10,00,000 to the defendant on March 10, 201 (payment period: March 21, 201); ② KRW 5,000,000 on June 23, 201 (payment Period: July 4, 201); ③ The principal amount of the loan was KRW 5,00,000 on August 23, 201 (the repayment period) as well as KRW 20,000,00 (the repayment period, September 7, 201) as well as KRW 20,00,000, as long as there were no special circumstances between the plaintiff and the co-inheritors, and thus, it cannot be deemed that the deceased and the co-inheritors were jointly and severally entitled to share transfer of the loans, and thus, the claim transferred to the plaintiff and the co-inheritors were assigned to the heir.
2. However, the Defendant’s defense of repayment was asserted to the effect that “The Defendant borrowed a total of KRW 30,500,000,000, including loans 20,000,000 claimed by the Plaintiff from the network C. However, it is asserted to the effect that “from July 16, 201 to April 16, 201, the Defendant sent KRW 33,260,000 to the account of the network C and D (former name: E) and had already repaid its obligations to the network C.”
The testimony of each of the statements in Section B 1 to 3, witness D and F, respectively;