1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

1. On August 23, 2006, the premise (i) the network D (hereinafter “the network”) lent KRW 28.8 million to the Defendant’s credit business fund that operated the lending company.

② On October 4, 2012, the Deceased died, and the Plaintiff (Appointed Party), A, his spouse, and C and E inherited the Deceased.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 6, purport of whole pleadings

2. Determination on the cause of the claim

A. On August 23, 2006, the Deceased of the Plaintiff (Appointed Party) lent KRW 288 million to the Defendant’s credit business funds, and the Defendant repaid KRW 9.8 million on March 8, 2010 and did not repay the remainder KRW 19 million.

Therefore, the defendant should pay 3/7,142,857 won to the plaintiff (appointed party) A (legally inherited portion 3/7,000 won, 19,000 won to the designated party C (legal portion 2/7) who inherited the deceased, 2/7,428,571 won and damages for delay.

[The plaintiff (Appointed) lent 9,6150,00 won in total to the defendant with the defendant's credit business fund, 2,985,000 won on June 19, 2006, 3,840,000 won on August 16, 2006, and 9,6150,000 won on August 23, 2006, and was paid a sum of 7,41,110,00 won from the defendant until June 22, 2010, the balance was modified to the purport that it is KRW 2,204,00,000,000,000 from the defendant's credit business fund. However, the claim or the ground for the claim did not change accordingly]

Judgment

As seen earlier, the Deceased lent KRW 28.8 million to the Defendant on August 23, 2006. Therefore, barring any special circumstance, the Defendant is obligated to repay to the Deceased the amount of KRW 19 million after deducting KRW 9.8 million from the amount of KRW 28.8 million, the Plaintiff (Appointed Party) who is the inheritor of the Deceased, and the appointed Party are obligated to pay the amount equivalent to each share of inheritance to the Deceased and the appointed Party.

With respect to the amount of KRW 2,985 million on June 19, 2006, which the Plaintiff (Appointed Party) additionally claimed in the second instance, and KRW 38.4 million on August 16, 2006, the health unit and evidence No. 1 written by the Plaintiff (Appointed Party) alone are as follows.