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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. On June 26, 2016, E died, and Plaintiff A’s wife, Plaintiff B, and C are children of E.
B. 1) On November 5, 2015, prior to the death of E, the Defendant asserted that “the Defendant loaned KRW 70 million to E on October 5, 2007, and KRW 185 million on October 11, 2007, totaling KRW 15 million, to E,” and that the Defendant filed a lawsuit for restitution of unjust enrichment with the Suwon District Court Decision 2015Da56976 (hereinafter “instant lawsuit”).
(2) On September 2, 2016, the above court rendered a judgment dismissing the Defendant on the grounds that the evidence submitted by the Defendant alone was insufficient to acknowledge the above lending, and that there was no other evidence to acknowledge it. (2) The Defendant appealed as Suwon District Court 2016Na17689, and the Plaintiff, E’s inheritor, took over the lawsuit by the Plaintiffs.
On July 5, 2017, the appellate court also rendered a judgment dismissing the appeal on the ground that the evidence submitted by the defendant alone is insufficient to recognize the fact of lending the defendant's assertion, and that there is no other evidence to acknowledge it.
As the defendant did not appeal against this, the above judgment became final and conclusive on July 26, 2017.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the plaintiffs' assertion E, after undergoing a pulmonary cancer surgery on or around 2012, discovered cryp cancer and received aviation cancer treatment in around 2014. From April 2015, after being hospitalized in the National Cancer Center and being hospitalized in the National Cancer Center and received aviation cancer treatment, it returned to their daily life by attending the hospital one time as an outpatient treatment for a month.
In addition, the Defendant filed the instant lawsuit against E on November 2015, which led to the rapid decline in the situation, such as E’s extreme stress, and E’s failure to properly sleepd at night due to extreme stress, and subsequently died on June 26, 2016.
The plaintiff A of E's wife is vulnerable to stress while nursing E.