1. The Defendant shall pay to the Plaintiff KRW 20,400,000 and the interest rate of KRW 15% per annum from May 16, 2016 to the day of complete payment.

1. Basic facts

A. The Plaintiff is the mother of the deceased C (hereinafter “the deceased”), and the Defendant is the wife of the deceased.

B. On July 4, 2013, the Plaintiff established a right to collateral security at a house owned by the Plaintiff (Seoul High-gu D apartment 904, 1106, 2000 won from the National Bank, Co., Ltd.) and transferred KRW 50,000,000 among them to the Deceased on July 5, 2013 (hereinafter “instant payment”).

C. From August 5, 2013 to April 17, 2015, the Deceased remitted approximately KRW 510,000 per month to the Plaintiff on about 20 occasions (However, there are some cases where the amount is less than the amount). The Plaintiff appropriated the amount of each remittance as the amount of the above remittance.

On May 24, 2015, the Deceased died due to a traffic accident, and the Plaintiff and the Defendant jointly inherited the Deceased at the rate of 2/5, 3/5.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 3 (including branch numbers in case of additional number) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the payment of this case was leased to the Deceased.

However, as above, it is recognized that the deceased has paid approximately KRW 8,00,000 as principal in the course of remitting part of the monthly amount, and thus, the remaining principal of the loan is KRW 34,00,000.

Therefore, the defendant who succeeded to part of the deceased must pay to the plaintiff 20,400,000 won and damages for delay corresponding to 3/5.

B. The defendant's assertion that the payment of this case was made by the plaintiff to the deceased, so the defendant cannot respond to the plaintiff's claim.

3. In the event that money is paid without a judgment document, the legal nature of the act of payment must be inferred on the basis of the circumstances before and after the payment.

In this case, the following circumstances, which were seen earlier or known by the purport of the entire pleadings, i.e., the Plaintiff, as a student in 1940, did not have any economic surplus at the time of remitting the instant payment, making a loan to a financial institution by taking his house as security, because there was no surplus funds.