1. The defendant shall pay 75,500,000 won to the plaintiff and 12% per annum from January 8, 2020 to the day of complete payment.

1. Basic facts

A. The deceased C (hereinafter “the deceased”) paid each of the Defendant KRW 30,000,000,000 on October 26, 2018, and KRW 100,00,000 on January 14, 2019.

B. On June 17, 2019, the Deceased sent to the Defendant a “written demand for performance” claiming the payment of interest amounting to KRW 130,000,000 and interest, and had the Defendant reach his business.

C. On June 30, 2019, the Defendant: (a) around November 30, 2019, he/she intends to repay the amount of KRW 130,000,000 to the Deceased’s KRW 10,000 from November 30, 2019 to KRW 5,00,000; (b) however, he/she will have the Deceased lose the benefit of delay for at least two months; and (c) shall make a lump sum repayment of the balance. At the latest, 130,000,000 won will be repaid by April 30, 2021 (hereinafter “each of the instant forms”) to the Plaintiff who is the deceased’s spouse.

On July 31, 2019, the deceased died, and there are D(2/5 shares in inheritance) and his spouse(3/5 shares in inheritance) as the inheritor.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The gist of the Plaintiff’s assertion was that the Defendant had a claim for a loan of KRW 130,000,000 against the Defendant, and the Plaintiff inherited KRW 78,000,000 out of the said claim according to the deceased’s inheritance shares upon the death of the deceased.

On the other hand, the Defendant paid KRW 500,000 to the Plaintiff around December 2019, and subsequently paid KRW 2,000,000 to the Plaintiff, thereby losing the benefit of time under each of the instant text.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of 75,500,000 won (=78,000,000 won - 500,000 won - 2,000,000 won) and damages for delay.

3. Determination

A. According to the facts acknowledged earlier, the Defendant died while he was liable to the Deceased for KRW 130,00,000,000, and the Plaintiff, a spouse of the Deceased, who was the inheritor of KRW 3/5, is deemed to have succeeded to the said claim amounting to KRW 78,00,000 (=30,000,000 x 3/5).

However, the defendant is now.