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1. The defendant,
A. As to Plaintiff A, KRW 5,454,545, and KRW 3,636,363, and each of the above amounts to the rest of the Plaintiffs.
Reasons
1. Facts of recognition;
A. The F died on March 17, 2015, and the remaining plaintiffs and the defendant, who are the denied plaintiffs and children, and each share of inheritance is 3/11 of the plaintiff A and 2/11 of the other plaintiffs and the defendant respectively.
B. F determined and lent 10% per annum to the Defendant, 20 million won on December 13, 1998, and as of December 31, 2001, F determined and lent KRW 25,000,000 per annum to the Defendant as interest rate of 30% per annum.
[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. Determination and the defendant's defense
A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiffs, who are the heir of F, the amount equivalent to the share of inheritance.
B. The defendant's defense of the defendant asserts that the F has already repaid 20,000,000 won, which the F lent to the defendant, and KRW 25,00,000,00, which is the attached F, has been changed to the cost of living if the business of the defendant's husband's G is well carried out by the defendant's husband, and that the F has paid 70,000,000 won to the defendant five times.
According to the purport of evidence Nos. 3 and the whole pleadings, it may be acknowledged that the Defendant paid interest of KRW 700,000 to KRW 25,000,000 for four months. However, there is no evidence to acknowledge the Defendant’s assertion that the Defendant repaid the borrowed amount of KRW 20,000,000, and the assertion that the borrowed amount of KRW 25,000 is the investment amount.
C. According to the theory of lawsuit, the defendant is obligated to pay the above loans to the plaintiffs who are the inheritors of F. As to the borrowed amount of KRW 20,00,000,000, the defendant is obligated to pay the above loans. For the plaintiff 5,454,545 won (20,000 won x 3/11), 3,636,363 won (20,000 won x 2/11), each to the remaining plaintiffs, and damages for delay calculated at the rate of 10% per annum which is the agreed interest rate from January 1, 202 to the date of full payment, from January 1, 2002 to the date of full payment, 25,00,000 won, loan loans shall be paid to the plaintiff 6,818,181 won (25,000,0000 won x 3/11), and 4,54,545 won (20,000 won and x 11) to the remaining plaintiffs.