대여금
1.The judgment of the first instance shall be modified as follows:
The plaintiff's claim against the defendant (appointed party) and the designated parties.
1. Basic facts
A. The claim for loans between the Plaintiff and the deceased F (hereinafter “the deceased”). On November 6, 2002, “The deceased shall pay to the Plaintiff KRW 9,000,000 (hereinafter “the instant loan”), KRW 2,000,000 until December 31, 2002, KRW 3,000,000 until February 28, 2003, and KRW 3,000,000,000 until April 30, 2003, and KRW 3,000,000,000 until May 31, 2003, and KRW 1,00,000 until May 31, 203, 203, and the amount shall be paid in installments at the rate of KRW 20% per annum from the day after the date of each payment to the day of full payment” (hereinafter “the instant mediation”).
B. On July 30, 2004, the Plaintiff filed a lawsuit against the Deceased seeking the return of the fraternity (Seoul District Court 2004Gaso196864). On July 30, 2004, the Gwangju District Court rendered a decision on performance recommendation (hereinafter “the decision on performance recommendation of this case”) stating, “The Deceased shall pay to the Plaintiff the amount calculated at the rate of 700,000 won (hereinafter “the sum payment of this case”) and the amount calculated at the rate of 20% per annum per annum from the day following the delivery of a copy of the complaint to the day of complete payment.” The Deceased did not raise any objection on August 13, 2004 without being served with the original copy of the decision on performance recommendation of this case.
C. The Deceased died on October 15, 2013, and C, his spouse, succeeded to 3/9 shares, and the Defendant, the Appointor D, and E inherited 2/9 shares, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts of recognition as the cause of the Plaintiff’s claim, the Defendant and the designated parties, the inheritor of the Deceased, are obligated to pay the Plaintiff the amount equivalent to each inheritance share of the instant loans of KRW 9,000,000, and the deposit amount of KRW 700,000,000, and damages for delay.
3. Judgment on the defendant's defense, etc.
A. The defendant's defense of the expiration of the statute of limitations is that the plaintiff's loans of this case and the deposit claims.