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1. The Defendant shall pay to the Plaintiff KRW 85,00,000 and the interest rate of KRW 15% per annum from November 3, 2015 to the date of full payment.
Reasons
1. Basic facts
A. A. Around December 11, 2001, the network C (hereinafter “the network”) set a loan of KRW 100,000,000 to the Defendant at 15% per annum and received a delivery of a promissory note as of December 10, 2002 on the issue date from the Defendant as security for the principal and interest of the loan, with the issuance of the issuer Hanjin-jin, Inc., Ltd., Ltd., the face value of KRW 100,000,000,000 per annum, and the issue date as of December 10, 2002.
B. After that, the Deceased loaned the Defendant a total of KRW 70,000,000 on July 2, 2003, and KRW 50,000,000 on April 14, 2004 (=20,000,000,000) additionally, and the Defendant agreed to pay interest of KRW 170,000,000 on the aggregate of the above loans (i.e., KRW 100,000,000,000) as interest for the Deceased.
C. Meanwhile, the Deceased died on March 24, 2015, and the Plaintiff and D, their respective children, inherited the rights and obligations of the Deceased’s property in 1/2 shares.
[Ground for recognition: A without dispute; Gap evidence 5-1 through 3; Gap evidence 8; Eul evidence 3; part of Eul evidence (except for the part not trusted in the rear); witness E’s testimony (except for the part not trusted in the rear); the purport of the whole oral argument)
A. The Plaintiff’s assertion (1) on March 24, 2015, each of the parties’ respective arguments (1) was deceased on March 24, 2015 while lending KRW 170,000,000 to the Defendant, and receiving KRW 1,70,000 per month from the Defendant as interest. The Defendant, among co-inheritors, is liable to pay KRW 85,00,000 and delay damages corresponding to the Plaintiff’s inheritance shares among the instant loans to the Plaintiff, a co-inheritors.
(2) It was true that the Defendant borrowed the instant loan from the Deceased’s summary of the assertion, but the Defendant repaid KRW 137,000,000 in total from around 201 to April 2008, and the principal amounting to KRW 142,80,000 to the Deceased from around April 2008 to April 2015, and repaid KRW 10,200,000 in total to the Plaintiff from May 201 to October 2015.