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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. The Plaintiff is the former part of Defendant C, and the network B is the part of Defendant C.
B. On August 15, 2014, Defendant C: (a) on the part of the Plaintiff, as indicated below, the obligor: (b) the obligor: (c) the address of the obligee B: (d) the obligor at the J of Gyeong-gun, Chungcheongnam-gun, J: (B) shall be the 15th day of each month from the obligee (A) as of August 15, 2014; (b) the interest rate shall be the 15th day of each month.
If interest is paid in arrears for three months, an obligor shall bear any legal procedure.
Obligor B: A W W W W W: C Done and delivered August 15, 2014.
C. On August 19, 2014, the Plaintiff remitted KRW 19.5 million to B’s account, and KRW 5 million on October 10, 2014, respectively.
B (hereinafter “the deceased”) died during the trial, and the Defendants, their children, succeeded to the deceased’s property.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 8, and 9, the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion is as follows: (a) the Defendants, who inherited the deceased’s obligation, are obligated to pay to the Plaintiff each of the KRW 4,083,333 (=2,450,000 x 1/6) and damages for delay.
① The Deceased comprehensively delegated Defendant C with the operation of the Jeju-gun D gas station located in Gyeongsung-gun J (hereinafter “instant gas station”). Defendant C, upon the comprehensive delegation as above, prepared and delivered the instant loan certificate to the Plaintiff and borrowed KRW 24.5 million from the Plaintiff, and used it as full oil price for the instant gas station. As such, the Deceased is obligated to repay the Plaintiff KRW 24.5 million to the Plaintiff.
② Even if Defendant C borrowed KRW 24,50,000 from the deceased without obtaining the power of representation from the deceased, Defendant C shall operate the overall gas station of this case from the deceased.