A. Each real estate listed in the separate sheet (hereinafter “the instant real estate”) and the land and housing and D (hereinafter “separate real estate”) owned by E. On August 28, 2005, the registration of inheritance of 3/11 shares, children, F, G, Defendant, and H, each of the 2/11 shares of the instant real estate (hereinafter “the inheritance registration”).

B. After that, on June 28, 2010, the ownership of separate real estate was changed due to sale and purchase on May 6, 2010, and the Plaintiff received and used the entire proceeds from the sale and purchase.

(c)

On the other hand, the Plaintiff paid KRW 18,220,00 to the Defendant on January 6, 2012, and KRW 29,729,282 on July 30, 2019 respectively. From April 2012 to October 2019, the Plaintiff received reimbursement from the Defendant in total of KRW 18,220,00.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, and 8, Eul evidence No. 1 (including each number), the purport of the whole pleadings

2. Determination as to loan claims

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the balance of the loan amounting to KRW 41,509,282 (=30,000,000 - KRW 29,729,282 - KRW 18,220,00) and damages for delay.

B. As to the judgment on the Defendant’s assertion, the Defendant asserts to the effect that the Plaintiff exempted the above debt around October 13, 2019 and around January 31, 2020, as well as that the Plaintiff’s assertion inconsistent with the principle of good faith is contrary to the principle of good faith, and that even if the Plaintiff’s declaration of intent to exempt the debt was of bad faith, it is valid under the proviso of Article 107 of the Civil Act.

However, in light of the evidence evidence evidence No. 4, it is insufficient to acknowledge the fact of exemption from the Defendant’s obligation solely on the basis of the statement No. 2-1 and No. 2 of the evidence No. 4, and there is no other evidence to acknowledge it. Furthermore, the above violation of the good faith principle, premised on the Plaintiff’s expression of intent to exempt the obligation