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1. The defendant shall pay 6,771,369 won to the plaintiff.
2. The plaintiff's remaining claims are dismissed.
3. The costs of lawsuit;
Reasons
1. Basic facts
A. The net C (Death on November 29, 2012) determined and lent to the Defendant on February 3, 2010 as the annual interest rate of KRW 50,000,000 per annum, and the due date of repayment on February 8, 2015 (BO December 20, 2014).
B. On March 8, 2018, the Plaintiff, a wife of the Deceased, agreed on the division of inherited property to hold claims against the Defendant by co-inheritors D, E, F, and the Deceased.
C. On August 23, 2010, the Defendant repaid KRW 30 million to the Deceased, and KRW 20 million to the Plaintiff on February 22, 2018, respectively.
[Ground of recognition] The fact that there is no dispute, significant fact, Gap's 1 through 4 (including paper numbers), Eul's 1, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendant is obligated to pay interest and delay damages for KRW 20 million from August 24, 2010 to February 22, 2018, as sought by the Plaintiff, except in extenuating circumstances.
B. As to this, the defendant's assertion that the plaintiff's representative pays 730,000 won to the plaintiff's son as interest and the remaining interest exemption is made. Thus, according to the witness E's testimony, it is acknowledged that E receives 7,300,000 won as interest, etc. paid by the plaintiff on February 2, 2018. Thus, the defendant's above part of the defendant's assertion is reasonable, but the above testimony alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it. Thus, the defendant's above part of the defendant's assertion is without merit.
3. In conclusion, the defendant is obligated to pay to the plaintiff the remainder 6,71,369 won (7,501,369 won - 730,000 won) after deducting 730,000 won paid from interest and delay damages on the above 20 million won from August 24, 2010 to February 22, 2018 (20 million won x 0.05 x 0.05 x (7183/365), and 730,000 won). The plaintiff's claim in this case is above.