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1. The Defendant: (a) KRW 8,33,33 of each of the Plaintiffs and its related KRW 5% per annum from June 27, 2012 to September 21, 2015; and (b).
Reasons
1. Facts of recognition;
A. On July 26, 2010, the Defendant: (a) borrowed KRW 25,000,000 from Nonparty E; and (b) drafted a loan certificate stating that the repayment will be made on June 26, 2012.
B. On August 6, 2015, E died, and the Plaintiffs, as children of the network E, jointly inherited the network E’s property in proportion to one-third shares.
[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant recognized the fact that the Defendant borrowed the amount of KRW 25,00,000 from Nonparty E as of June 26, 2012 on or after the due date, and thereafter, E dies, the Defendant is obligated to pay the Plaintiffs, the heir of the network E, with 8,33,333 won each (=25,000,000 x 1/3,000 x 1/3, and less than won) according to the inheritance share ratio (1/3), and the damages for delay calculated at the rate of 15% per annum as stipulated in the Civil Act from June 27, 2012 until the due date until the delivery date of the duplicate of the complaint of this case from June 27, 2012 to September 30, 2015, which is the annual interest rate of delay damages as stipulated in the former Act on Special Cases Concerning the Encouragement, etc. of Legal Proceedings, and the next day to the due date.
Therefore, the plaintiff's assertion is justified within the above scope of recognition.
B. The judgment on the Defendant’s assertion was made on August 3, 2010 by the Defendant: (a) around August 3, 2010, in order to enter into a dynamic relationship with the deceased for about three years, and (b) around August 3, 2010, the Defendant moved to the F apartment 103 702 of Gangdong-gu Seoul Metropolitan Government, which is close to the Deceased’s house; and (c) at that time, the deposit was insufficient to borrow KRW 25,00,000 from the Deceased.
However, as the Defendant again moved to Incheon on or around September 24, 2010 due to the circumstances of the Deceased, the Defendant exempted the Defendant from paying KRW 25,00,000, in consideration of the fact that gold booms, 100,000,00, which were donated by the Defendant, were paid by the Defendant, such as 10,000,000,000.