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1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The deceased on June 21, 2018, and the deceased on June 21, 2018, there were Defendant B (Inheritance Shares 3/7) and Defendant C and D (each inheritance shares 2/7) who are their spouses.
B. On September 2016, the netF written a loan certificate stating that it borrowed KRW 80,00,000 (hereinafter “the instant loan certificate,” and “loan based on the instant loan certificate,” and E signed the instant loan certificate as the guarantor.
C. The Plaintiff transferred KRW 30,00,000,000 on September 10, 2016, and KRW 30,000,000 on September 11, 2016, and KRW 18,800,00 on September 12, 2016, to the I’s account, the spouse of E, respectively.
The netF wired KRW 1,200,000 per month to the Plaintiff’s account during the period from October 13, 2016 to June 12, 2018, excluding 1,350,000 won (transfer of KRW 1,350,00) and November 2017.
[Ground of recognition] A without dispute, Gap evidence 1, 5, 6 (including branch numbers; hereinafter the same shall apply), Gap evidence 7-1, Gap evidence 7-1, Eul's testimony of the first instance court E, inquiry of the fact to the head of Daegu Metropolitan City of the first instance court, the purport of the whole pleadings.
2. The assertion and judgment
A. As to the cause of the claim, the Plaintiff asserted that: (a) 80,000,000 won was leased to the network F at interest rate of 18% per annum; and (b) 78,80,000 won was remitted to the network F’s account upon the network F’s request; and (c) 2) as to the Defendants, the heir of the network F’s heir, the Plaintiff sought the payment of the above loans and the damages for delay thereof pursuant to each inheritance share; and (d) comprehensively taking into account the following facts and circumstances, the Plaintiff and the net F’s conclusion of the monetary loan agreement as asserted by the Plaintiff may be acknowledged, taking into account the following facts and circumstances: (a) the evidence established in the facts of the recognition and the foregoing; and (b) the entire purport of the pleadings as stated in the evidence No. 7 through No. 13:
Therefore, barring any special circumstance, the Defendants who succeeded to the net F’s obligation of the instant loan by law.