대여금
1. Revocation of a judgment of the first instance;
2. As to the Plaintiff’s KRW 8.8 million and KRW 7 million among them, the Defendant on May 20, 2014.
1. Facts of recognition;
A. On July 8, 2012, the deceased C (hereinafter “the deceased”) determined KRW 37 million to the Defendant, one’s own imprisonment, as interest, as KRW 200,000 per month (hereinafter “the instant loan”).
B. From August 7, 2012 to August 5, 2013, the Defendant remitted KRW 200,000 per month to the deceased’s account.
C. On October 11, 2013, the Plaintiff succeeded to the deceased’s property as the deceased died.
On May 20, 2014, the Defendant spent KRW 180,000 to the deceased’s funeral funeral expenses, and paid KRW 2,982,00 to the Plaintiff.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 6, partial entry of Gap evidence 7, and purport of whole pleadings
2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay 7 million won (i.e., loans of this case 37 million won - funeral room expenses of the Defendant - 180,000 won - interest of 1.8 million won from September 20, 2013 to May 2014, 2014 (i.e., KRW 200,000) and KRW 8.8 million from May 20, 2014 to KRW 7 million from May 2015, 2015) as requested by the Plaintiff with respect to the Plaintiff who succeeded to the instant loans of this case from the deceased (i.e., KRW 37 million) and damages for delay from the date following May 20, 2014 to February 25, 2015, as agreed by the Civil Act, as requested by the Plaintiff, to pay damages for delay from the day of each of the following day to May 25, 2015.
3. Defendant’s assertion and judgment
A. The Defendant asserted the Defendant’s claim on the instant loan claim No. 1, and the Defendant lent KRW 1.5 million to the Deceased on March 2010, and KRW 3.5 million on February 20, 201, respectively.
In addition, the Deceased had a debt of KRW 2 million against his birth D, but upon the Plaintiff’s request, the Defendant repaid the above KRW 2 million to D on behalf of the Deceased.
The Defendant, between the Plaintiff on May 20, 2014 and the Plaintiff on May 20, 201, on the part of the Deceased at KRW 37 million.