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1. The Defendant shall pay to the Plaintiff KRW 46,00,000 and the interest rate of KRW 15% per annum from February 24, 2017 to the day of complete payment.
Reasons
1. On November 8, 2012, comprehensively taking account of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 through 7 (including facts without dispute between the parties) and the deceased C (hereinafter "the deceased"), the deceased loaned KRW 46 million to the defendant on November 8, 2012. The deceased died on December 17, 2014. The deceased gave up his/her inheritance by F, G, and H, a sibling of the deceased except for the plaintiff, F, and H, a sibling of the deceased. The deceased's birth as a single heir of the Daejeon Family Court, filed a report of the deceased's acceptance of the above qualified acceptance on May 20, 2015, and the above court, as the deceased's sole heir, can recognize the fact that the deceased reported acceptance of the above qualified acceptance on May 20, 2015, the Defendant is obligated to pay the Plaintiff a loan of KRW 46,000,000 and delay damages calculated on the following day from 2014.
2. The defendant's defense is defense that the defendant remitted to the deceased KRW 29.5 million on November 16, 2012, and KRW 33 million on December 14, 2012, and the defendant paid KRW 13 million in cash on December 12, 2012, and fully repaid the loan.
There is no evidence to acknowledge that the Defendant remitted KRW 3,500,000 to the Deceased on December 14, 2012, or paid KRW 13 million to the Deceased in cash on December 2012.
(O) According to the statement in Eul evidence No. 2, it is recognized that the Defendant remitted KRW 3,500,000 to the Defendant from the account in the name of F on December 14, 2012. According to the statement in Eul evidence No. 1, it is recognized that the Defendant remitted KRW 29,500,000 to the account in the name of F. However, it is recognized that the Plaintiff did not pay the said money with the repayment of the instant loan, but the Plaintiff supplied via the Defendant, who operated the "IIB" while running the transit sales business by the Deceased, and received the above KRW 29,50,000 from the Defendant as oil payment.