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1. The Defendant shall pay 230,000,000 won to the Plaintiff and 20% per annum from November 13, 2014 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff loaned KRW 15,00,000 to C (the deceased on February 15, 2014; hereinafter referred to as “the deceased”) who is the Defendant’s infant, respectively, on July 24, 2008, with the maturity of KRW 90,000,000 as of July 24, 2009; ② the maturity of November 14, 201 as of January 31, 2012; ③ the period of maturity of KRW 25,000,000 as of January 21, 2013; and the amount of KRW 15,00,000,000 as of April 20, 2013 as a joint and several surety of the deceased on September 12, 2008.
B. The wife D, children E, F, G, H, and mother I, the inheritor of the deceased, reported the renunciation of inheritance on May 16, 2014 by Jeju District Court 2014Mo345, which was the Jeju District Court, accepted this on June 17, 2014, and the Defendant solely inherited the deceased.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 3 (including each number), the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, the defendant, who is a sole heir of the deceased, is obligated to pay to the plaintiff the loan obligation and the total amount of joint and several liability obligation (= KRW 230,000,000, KRW 25,000,000, KRW 15,000,000, KRW 100,000) and damages for delay, unless there are special circumstances.
B. As to the Defendant’s argument, the Defendant asserts to the effect that the loan contract was not concluded between the Plaintiff and the Deceased in light of the following: (a) the loan certificate submitted by the Plaintiff was forged; and (b) there was no content as to the time interest or return was returned.
The above assertion by the defendant is not accepted, since there is no evidence to prove the forgery of the above loan, and there is no agreement on the interest or the time of return in the loan for consumption as the contract does not fail to establish the interest or the time of return.
C. Accordingly, the Defendant’s lawsuit promotion, etc. is promoted from November 13, 2014 to the day of complete payment, as sought by the Plaintiff, as to the Plaintiff’s above KRW 230,000,000, and the day following the delivery date of a copy of the instant complaint.