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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion D (hereinafter “the deceased”) is a person who operated the E convalescent (hereinafter “instant hospital”), and the Plaintiff, at the request of the Deceased, lent money to a bank account designated by the Deceased from August 27, 2015 to January 25, 2017.
(2) The loan amount of KRW 131,70,000,000, out of the loan amount of KRW 35 million as of November 30, 2016 and the loan amount of KRW 131,70,000,000,000,000,000,00 of the loan amount of KRW 1,5 million as of August 25, 2017, is the loan amount of KRW 10,000,00,000,000,000,000,000,000,000 won as of August 27, 2015.
Therefore, the Defendants, the inheritor of the deceased, are obligated to pay the Plaintiff KRW 79,020,00 to the Plaintiff according to their inheritance shares, and the Defendant C is obligated to pay the Plaintiff KRW 52,680,000 as well as damages for delay.
B. The Defendant’s assertion that the deceased entered into an employment agreement with F, the actual operator of the instant hospital, and received the benefits from F, and only worked as the president of the instant hospital, and the said money that the Plaintiff lent to F, not the deceased, is also the money borrowed from F. Therefore, the Defendants cannot respond to the Plaintiff’s claim.
2. Determination:
A. According to the records as to whether the debtor of the instant loan is the deceased, the registration of the business of the instant hospital at the time of the instant loan was made under the name of the deceased, and the Plaintiff transferred KRW 6,700,000,000 as of August 26, 2016, and KRW 35,000,000 as of November 30, 2016, and KRW 10,000,000 as of January 25, 2017 to the account in the name of the E-valescent hospital in the name of D, and the authentic deed prepared by the Plaintiff at the time of borrowing money from the Plaintiff for the payment of overdue wages to the employees of the instant hospital (hereinafter “notarial deed of this case”), may be recognized that the debtor’s name was written in the name of the deceased, but each of subparagraphs 1 through 5, and each of the witnesses.