대여금
1. The plaintiff's appeal is dismissed.
2. On the basis of the conjunctive claim added at the trial, the defendant is net for the plaintiff.
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the first instance court's judgment, except for addition of the judgment on the conjunctive claim added in the first instance court's trial as stated in Paragraph 2 below, and therefore, it is consistent with the main text of Article 420 of the Civil Procedure Act.
2. Judgment on the conjunctive claim added at the trial
A. Even if the Plaintiff’s assertion and the Defendant do not recognize a monetary loan relationship between the Plaintiff and the Defendant, the relationship of a monetary loan for consumption between the Plaintiff and the Defendant is recognized. As such, the Defendant is obligated to pay 33,333,333 won (=150,000,000 x 2/9) equivalent to the Defendant’s inherited shares among the loan obligations owed by the Defendant against the Plaintiff by the Defendant against the Plaintiff, within the scope of the property inherited from the deceased C.
B. Comprehensively taking account of the overall purport of the arguments as to the evidence Nos. 1-1 through 3, evidence Nos. 7, and evidence Nos. 1, 2, 4, and 6, C borrowed a total of KRW 150,000 from the Plaintiff during the period from November 17, 2009 to December 13, 2010, at an annual interest rate of 7.2%, C died on July 23, 2013, and the wife D, E, F, and Defendant, who are the legal successors of the network C, filed a report on the re-approval inherited by the Seoul Family Court 2013D 8191 on September 13, 2013, and the said court accepted the said report on September 20, 2013.
According to the above facts, the Defendant prescribed 3,33,333 won (i.e., 150,000 won borrowed x 2/9) within the scope of the property inherited from the deceased C, and as to this, from December 14, 2010, after the above loan date, the Plaintiff expressed his/her intent to perform his/her inheritance obligation to the Defendant, until January 12, 2016, the delivery date of the copy of the application for modification of the purport of the instant claim containing the Plaintiff’s declaration of intent to perform his/her inheritance obligation to the Defendant, pursuant to the Civil Act, within the scope of the agreed interest rate, 5% per annum under the Civil Act, and from the following day to the date of full payment.