1. The Defendant’s KRW 642,857 as well as the Plaintiff’s annual rate of KRW 5% from May 19, 2016 to September 5, 2017.

1. According to the purport of the entire arguments on basic facts, the deceased C (hereinafter “the deceased”) died on December 24, 2015, and D and E, the wife of the deceased, jointly inherited the deceased’s property.

2. According to the evidence Nos. 1 and 4 of the judgment as to the cause of the claim, the Plaintiff is recognized to have lent to the Deceased KRW 8.8 million on March 7, 2014, and KRW 20 million on April 1, 2014 without specifying the time limit for repayment and interest.

Furthermore, the Plaintiff alleged that he lent KRW 8.5 million to the Deceased on March 7, 2014, but the evidence submitted by the Plaintiff alone is insufficient to acknowledge the above lending, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s above assertion is without merit.

Therefore, barring any special circumstance, the Defendant, who is the wife of the Deceased, is liable to pay to the Plaintiff 12,342,857 won (=28,80,000 won x 3±7, and less than won; hereinafter the same shall apply) and damages for delay.

3. Judgment on the defendant's assertion

A. As to the assertion of illegal consideration, the Defendant asserts that the money borrowed by the deceased from the Plaintiff constitutes illegal consideration because it constitutes illegal consideration and thus, the Plaintiff cannot seek the return of the above loan to the Defendant, the inheritor.

However, the testimony of the witness F alone is insufficient to recognize that the deceased borrowed the borrowed money recognized prior to the plaintiff in order to use it as gambling funds, and there is no other evidence to acknowledge it.

Therefore, the defendant's above assertion is without merit.

B. As to the assertion on repayment, the Defendant asserts that the Deceased paid the Plaintiff the amount of KRW 28.8 million as the repayment of the said borrowed amount of KRW 300,000 on March 7, 2014, KRW 100,000 on March 10, 2014, KRW 25 million on March 20, 2014, and KRW 1 million on November 3, 2014, respectively.

According to the purport of Gap evidence No. 5 and the entire pleadings, the deceased paid each of the Plaintiff KRW 300,000,000 to the Plaintiff on March 7, 2014, KRW 25 million on March 20, 2014, and KRW 1 million on November 3, 2014, respectively.