1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

1. Basic facts

A. The Plaintiff is the deceased of the deceased F (hereinafter “the deceased”).

B. On January 28, 2005, the Plaintiff transferred the sum of KRW 30 million around January 28, 2005, and KRW 15.4 million around February 1, 2005, to the account of G (the Plaintiff’s accommodation) of the deceased’s children, who were living together with the deceased.

C. The Deceased died on September 13, 2012.

As the inheritor of the deceased, there are I (spouse), H, G, and D (P descendants), including the Defendants, and D were co-defendants with the Defendants, but the Plaintiff and the conciliation was established in the trial.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, the purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff lent a total of KRW 49.5 million to the deceased, who is a father.

In other words, the sum of 45,40,000 won remitted to G account on January 28, 2005 and February 1, 2005 was loans to the deceased, and the other cash was also lent 2 million won around January 10, 2006 and 2.1 million won around March 20, 2007.

The Defendants, as the inheritor of the deceased, have the obligation to repay the above loan obligation to the Plaintiff.

3. Determination

A. The following facts are acknowledged in light of each of the evidence, Gap evidence Nos. 5-11, the results of the appraisal by the court of first instance and the purport of the entire pleadings, which were found prior to the facts of recognition:

① On May 19, 2009, the Deceased prepared and rendered to the Plaintiff a loan certificate with the following content (hereinafter “the loan certificate of this case”).

The above loan certificate is signed and sealed by the deceased.

SECTION 49,500,000,000, the above amount shall be received to have been borrowed to Women A.

Interest shall be substituted by the one million won per year and the influence of food.

The promise shall be made as security of the father's property in the case of being unable to repay within the year of repayment.

② According to the result of the appraisal by J of the trial appraiser J, the deceased’s F seal affixed to the loan certificate of this case is also identical to the seal used by the deceased’s life, and the loan certificate of this case is presumed to have been written around 2009.

③ On the other hand, the Deceased was diagnosed on July 2, 2010 by K mental alz.