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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff is the wife of D, and E is the wife of D.
B. D died on December 10, 2016
(hereinafter referred to as “the deceased”). (c)
E filed a report on the renunciation of inheritance on the deceased’s property inheritance by the Incheon Family Court No. 2017-Ma297, and the report was accepted on March 7, 2017.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. The plaintiff's assertion is the birth of the deceased, and the defendant C is the wife of the defendant B.
The Deceased lent 50 million won to the Defendants as funds necessary for their daily living.
However, the Defendants did not repay the borrowed money until the Deceased died.
The deceased’s property heir is the Plaintiff and E, and E renounced the inheritance.
As a result, the Plaintiff inherited the Plaintiff’s loan claims against the Defendants.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the borrowed amount of KRW 50 million and damages for delay.
3. As alleged by the Plaintiff, the deceased cannot be deemed to have lent KRW 50 million to the Defendants, as alleged by the Plaintiff.
The reasons are as follows.
① Even based on the Plaintiff’s assertion itself, only specify the leased principal, and does not specify the date of the lease, the existence of the repayment term agreement and the details thereof, the existence of interest agreement and the details thereof.
② There is no document of disposal, such as a loan certificate, which can be known that the Deceased lent KRW 50 million to the Defendants.
There is no objective data such as the details of the lending.
③ Each recording record of evidence Nos. 3-1 through 3 contains a conversation between the deceased and the defendant B or the defendant C from July 2, 2015 to December 6, 2016.
However, the statement alone is insufficient to recognize that the deceased lent KRW 50 million to the Defendants.
④ There is no other evidence to prove that the Deceased lent KRW 50 million to the Defendants.
The plaintiff.