대여금
1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 20% per annum from May 24, 2013 to the day of full payment.
1. The plaintiff, from around 200 to around 2002, lent KRW 100 million to the deceased C (the deceased on April 25, 2010, hereinafter "the deceased"), the defendant issued and delivered a loan certificate (the evidence No. 1) on October 1, 2010, which was after the deceased's death. The above loan certificate contains no dispute between the parties, or the facts that "the borrower borrowed KRW 00,000,000 from the borrowed money, the borrower, and the plaintiff He He," and all the statements and arguments stated in the evidence No. 1, No. 2, No. 1, and No. 2, No. 5 may be acknowledged. According to the above facts of recognition, the defendant, after the deceased's death, agreed upon the plaintiff to pay the deceased's debt 100,000 won on behalf of the deceased, barring special circumstances. Thus, the defendant is obligated to pay the above KRW 100,000 and delay damages to the plaintiff.
2. Judgment on the defendant's assertion
A. First, the defendant did not lend KRW 100 million to the deceased and does not so.
Even if the claim against the deceased was extinguished by prescription, the above loan certificate prepared by the defendant is invalid on the premise that the claim against the deceased exists.
However, according to the contents of the above loan certificate, it is determined that the defendant had made a conclusive declaration of intent to repay KRW 100 million to the plaintiff, and it is not deemed that the plaintiff expressed his/her intent to repay the above debt on condition that the claim against the deceased exists. Thus, the above assertion cannot be accepted.
B. In addition, the defendant alleged to the effect that the plaintiff's claim against the deceased exists and declared his/her intent to bear the obligation, which should be revoked by an expression of intent by mistake, or that the defendant should be revoked by a declaration of intent by coercion as a forced declaration of intent to bear the above obligation. However, the defendant submitted its opinion.