A. From July 30, 2007 to March 10, 2009, the Plaintiff lent KRW 315,000,000 to D on seven occasions.

B. D, on July 26, 201, written a letter of intent to repay KRW 315,00,000 to the Plaintiff in two installments by December 31, 201 and April 30, 2012.

C. The Plaintiff was paid KRW 50,000,000 from D on December 31, 201, and KRW 180,000,00 on July 2, 2012.

D The heir died on September 23, 2012, and there is the Defendants, who are their children.

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

2. Determination

A. According to the above facts, the Defendants, D’s inheritors, are obligated to pay to the Plaintiff damages for delay at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from October 30, 2013 to the date following the delivery of a duplicate of the application for the instant payment order, as sought by the Plaintiff, to the Plaintiff, respectively: KRW 42,50,000 (= KRW 315,00,000 - KRW 50,000 - KRW 180,000 - KRW 180), barring special circumstances.

B. On May 15, 2012, the Defendants asserted that D had paid the full amount of the borrowed amount to the Plaintiff before D’s birth in light of the Plaintiff’s provisional attachment as to the claim amount of KRW 265,00,000 on the land and building owned by D, Gwangju E, Gwangju, Gwangju, and KRW 329 square meters, but the provisional attachment was cancelled on July 2, 2012, but it is insufficient to recognize that D had paid the full amount of the borrowed amount to the Plaintiff. However, there is no other evidence to support the Defendants’ assertion that D had paid the full amount of the borrowed amount to the Plaintiff. In addition, the Defendants’ assertion is without merit, since D had a relationship with the Plaintiff before its birth, and the Plaintiff was paid KRW 180,000,000 out of the borrowed amount under consultation with D and D.