1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The deceased E (hereinafter “the deceased”) lent each of the loans of KRW 10 million to the Defendant around February 2015, KRW 20 million on February 17, 2016, KRW 35 million on March 6, 2016, and KRW 10 million on September 22, 2016, respectively. The Defendant prepared and issued to the Deceased a loan certificate stating the above details of the monetary transaction (hereinafter “the instant loan certificate”).

B. On April 24, 2017, the Deceased died, and his/her spouse A and his/her children, and the Plaintiff and the Appointed B jointly inherited the deceased’s property.

C. The Defendant paid each of the Plaintiff KRW 30 million on June 28, 2017, and KRW 10 million on August 10, 2017 (= KRW 4 million) to the Plaintiff with the repayment of the debt owed to the Deceased.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 10 (including branch numbers, if any) and the purport of the whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the deceased has a claim against the defendant for the amount of KRW 35 million (i.e., KRW 20 million, KRW 35 million - KRW 30 million - KRW 10 million - KRW 30 million - KRW 10 million), and damages for delay, and the plaintiff, the designated parties, and the Eul inherited their claim in proportion to their shares in inheritance.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Selection A KRW 15 million (i.e., KRW 35 million x KRW 35 million x 3/7 of inheritance) to the Plaintiff and the Selection B, each of which is KRW 10 million (i.e., KRW 35 million x 2/7 of inheritance) and to pay damages for delay at the rate of KRW 15 percent per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 7, 2018 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case for which the Plaintiff et al.

3. Judgment on the defendant's assertion

A. As to the assertion of mistake at the time of the preparation of the instant loan certificate, the Defendant borrowed KRW 80 million from the Deceased on November 18, 2010 with respect to the part regarding “1,00,000 won” in the instant loan certificate, but he/she borrowed KRW 80,000 from the Deceased on November 18, 201, to the Deceased on repayment of the principal amount. However, the Defendant borrowed the amount to the Deceased on September 17, 2014, respectively.