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1. The defendant shall pay to the plaintiff KRW 100,000,000 within the scope of the property inherited from the deceased B, and KRW 50,00,00 among them.
Reasons
1. The following facts alleged by the Plaintiff as the cause of the instant claim are either not disputed between the parties, or may be acknowledged by adding the purport of the entire pleadings to the entries in Gap evidence Nos. 1 through 3, and substantial facts in this Court.
From November 8, 2016 to December 30, 2016, the Plaintiff lent 100 million won to B, and B, as of November 8, 2016, borrowed cash custody certificates (hereinafter “the cash custody certificate of this case”) and KRW 50,000,000 as of December 10, 2016, and drafted a loan certificate (hereinafter “the loan certificate of this case”) stating that the amount of the loan will be repaid within six months from the date of borrowing.
B. B died on January 11, 2018, and the Defendant and Nonparty D are self-employed in B.
C. D filed a declaration of renunciation of inheritance with the Daegu Family Court 2018 D 2018 Ma10242, and was accepted on May 15, 2018. The Defendant filed a report on the inheritance ceiling approval with the Daegu Family Court 2018 Madan10241 and was accepted on June 26, 2018.
2. According to the above facts of recognition, the defendant, the sole heir of B, is obligated to pay 100,000,000 won and 50,000,000 won, which are the day following the due date specified in the loan certificate of this case, at the rate of 5% per annum as stipulated in the Civil Act from June 11, 2017 to February 28, 2018, which is the day following the due date specified in the certificate of this case, and at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, with respect to damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from March 1, 2018 to the day after the delivery date of the copy of the complaint of this case, to the day of full payment.
Since the cash custody certificate of this case does not state the due date, the obligation to return KRW 50,000,000 in this part is an obligation without setting the due date.
Therefore, the defendant's complaint of this case stating the purport of the plaintiff's claim for payment.