A. On February 1, 2010, the Plaintiff had a certificate of borrowed money (No. 1-1, hereinafter “certificate of borrowed money”) under C’s name, and the content is as follows.

(1) A loan of KRW 200 million shall be borrowed, and repayment shall be made until August 31, 2010, and interest at 10% per month shall be paid.

(2) The registration of the establishment of a neighboring mortgage for Jeonnam-Gun D and E shall be completed.

(3) With respect to a store of 330 square meters in Jung-gu Incheon, Jung-gu, Incheon (hereinafter referred to as "the store of this case"), the establishment registration of neighboring mortgage shall be completed and all rights shall be delegated to the store of this case.

(4) Other real estate shall be offered as security, and a power of attorney for exercising rights.

B. C died on June 24, 2010, and the Plaintiff obtained a fixed date in the instant loan certificate on June 28, 201.

C. On August 4, 2010, the Defendant, who solely inherited the deceased as the deceased’s children of the deceased C (hereinafter “the deceased”), filed a report on qualified acceptance with the Seoul Family Court Decision 2010Ra6637, supra, on September 7, 2010, and was adjudicated by the said court to accept the report on qualified acceptance on September 7, 2010.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 3, Gap evidence 12, Eul evidence 6-1 and Eul evidence 6-2

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff loaned KRW 30 million to the Deceased on or around December 2005, KRW 25 million on or around April 2006, and KRW 95 million on or around August 2007, respectively, at 10% of each interest month.

After that, on February 1, 2010, the Plaintiff agreed to pay 200 million won to the Plaintiff at 10% per month interest on the principal and interest of each of the above loans with the Deceased and each of the above loans, until August 31, 2010, and received the instant loan certificate from the Deceased.

However, since the deceased died without paying the above KRW 200 million to the plaintiff, the defendant, who is the sole heir of the deceased, is obligated to pay KRW 200 million to the plaintiff and interest thereon.

B. The plaintiff alleged by the defendant did not lend money to the deceased. But he did not use the seal imprint of the deceased who stolen after the death of the deceased.