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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The facts based on which the plaintiffs’ father, the father of the plaintiffs, D (Death on October 7, 2017, hereinafter “the deceased”) and the defendant are relatives.
On March 25, 2016, E, one of the mothers of the deceased and the plaintiffs, entered into a sales contract to sell 5134 square meters in Pyeongtaek-si F, which is its ownership, to G and H for 512 million won, and completed the registration of ownership transfer to the buyer on April 29, 2016.
Meanwhile, from March 25, 2016 to April 29, 2016, the total amount of KRW 130 million was transferred from the Agricultural Cooperative Account in the name of E (I; hereinafter “instant account”) to the Defendant’s account. The Defendant borrowed KRW 130 million without specifying the other party on April 29, 2016, without specifying the other party, and the interest is paid in two million won on the 30th day of each month.
“The” prepared a loan certificate stating the content and delivered it to the Deceased.
From May 2, 2016 to the instant account, KRW 585,00 was transferred from the Defendant’s account to the Defendant’s account. From May 4, 2016 to May 6, 2016, KRW 61,50 million was transferred (in total, KRW 191,500,000,000 to the Defendant’s account) and thereafter, from the instant account to the Defendant’s account, KRW 5 million was transferred from May 30, 2016 to the Defendant’s account. From May 30, 2016 to August 31, 2017, KRW 5,400,000 was transferred from the Defendant’s account to the Defendant’s account.
2. The assertion and judgment
A. The Plaintiffs asserted 1) lent KRW 130 million to the Defendant by lending the instant account from E, and thereafter additionally lent KRW 61.5 million to the Defendant. The Defendant paid KRW 19.1.5 million to the Deceased on the interest basis of each of the following day after the date of payment of the final interest. As such, the Defendant paid KRW 3 million to the Deceased on September 1, 2017 to the Plaintiffs who succeeded to the Deceased, the Defendant should pay interest of KRW 95750,000 and interest from September 1, 2017, which is the day following the date of payment of the final interest.2) The Defendant’s introduction of the Deceased on March 1, 2013.