A. On December 22, 2014, the Plaintiff: (a) lent KRW 50,00,000 to the deceased (hereinafter “the deceased”); (b) on the same day, a notary public, who borrowed KRW 50,000,000 from the Plaintiff on December 22, 2014, at the maturity of payment on March 20, 2015; and (c) borrowed KRW 20% per annum from the Plaintiff on March 20, 2015; and (d) drafted an authentic deed of a monetary loan agreement under Article 258 of the certificate of 2014, which was written by the notary public.

B. On April 9, 2017, the Deceased died. Of the deceased’s inheritors, E reported the renunciation of inheritance on July 3, 2017 by the Busan Family Court 2017-Ma200370, and on July 7, 2017, the declaration of renunciation of inheritance was accepted. On July 3, 2017, the remaining inheritor, the Defendant filed a report of renunciation of inheritance with the Busan Family Court 2017-Ma20371 on July 3, 2017 (hereinafter “the report of qualified acceptance of inheritance”). On August 25, 2017, the instant report of qualified acceptance of inheritance was accepted, and the deceased’s sole inheritor was succeeded.

Meanwhile, the list of inherited property attached by the defendant at the time of the report of qualified acceptance of this case is as shown in the attached Form

C. On September 18, 2017, the Defendant filed a lawsuit claiming return of unjust enrichment against F Co., Ltd., the deceased’s debtor (Seoul Central District Court 2017Da5215820, hereinafter “instant lawsuit”). On June 12, 2018, the Defendant was sentenced by the above court to the effect that “F shall pay to the Defendant 1,00,000 won with interest of 15% per annum from February 16, 2018 to the day of complete payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant, who is a sole heir of the deceased, is liable to pay the Plaintiff the borrowed amount of KRW 50,000,000 and delay damages therefrom, unless there are special circumstances.

B. Judgment on the defendant's defense of qualified acceptance