The counterclaim of this case is dismissed.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 39,225,201 to the Plaintiff (Counterclaim Defendant) and its related amount.

1. Determination on the main claim

A. The defendant's judgment on the main defense of this case was made with the permission of the plaintiff to the effect that the card price was repaid without delay when using the plaintiff's credit card under the name of the plaintiff, but the plaintiff's own credit card price was paid in lump sum and filed the main lawsuit against the defendant's legitimate trust in order to cause conflict due to inheritance problems after the plaintiff's death was put to the original defendant. However, the defendant's assertion alone is insufficient to view that the main lawsuit of this case constitutes abuse of authority, and there is no other evidence to prove otherwise.

Therefore, the defendant's main defense cannot be accepted.

B. As to the merits, the Plaintiff agreed to pay the card price in 2012 to the Defendant and lent the credit card price in the name of the Plaintiff to the Defendant, and the Plaintiff paid the credit card price in the name of the Plaintiff that the Plaintiff lent to the Defendant on April 2019, and the fact that the total amount was 39,225,201 is no dispute between the parties.

Therefore, the Defendant is obligated to pay to the Plaintiff the indemnity amount of KRW 39,225,201 and damages for delay calculated at the rate of 12% per annum from August 20, 2019 to the date of full payment after the delivery of the instant complaint.

2. Judgment on the counterclaim

A. The summary of the Defendant’s assertion 1) The Plaintiff committed a tort that damages the peace of residence by taking over C’s claim for consolation money, such as causing the Plaintiff to pay the card payment on February 25, 2019, without permission by the Defendant’s mother C, who was 80 years of age, due to intrusion on the Defendant’s house, and avoiding disturbance, and thus, he is obligated to pay consolation money of KRW 3,00,000 to the Defendant who received the claim for consolation money. 2) As a result of the Plaintiff’s death, the Defendant and the Defendant’s children collected harmful substances into a charnel house, and were stored in a charnel glass book, such as pictures, letters, etc., in a manner that the deceased were concealed.