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1. Defendant B shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from July 6, 2017 to the date of full payment.
Reasons
1. Basic facts
A. D around 2016, around May 30, 2017, set KRW 40,000 as the due date for repayment to the Plaintiff, and set KRW 40,000,000 as the due date for repayment to the Plaintiff on December 25, 2016, and written a certificate of borrowing that the Plaintiff borrowed KRW 20,000,000 as the due date for repayment to the Plaintiff on August 16, 2016.
B. The above D died on June 30, 2016, and Defendant C and Defendant B, the mother of the network D (hereinafter “the deceased”), jointly inherited the deceased’s property.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (which can be acknowledged as having been established by each loan certificate, witness E's testimony and whole purport of pleading), Gap evidence Nos. 4 and 6, and the purport of whole pleadings
2. In light of the following circumstances, the above basic facts revealed that: (a) the Plaintiff, from early 2016 to early 2016, lent money to the Deceased in cash and received the above loan certificate from the Deceased in order to secure evidence; and (b) the Plaintiff, from June 1 to June 22, 2016, up to KRW 67,80,000,000, the amount of the money lent in the manner of remitting money to the account of the Deceased’s bank from June 1, 2016 to June 22, 2016, it is reasonable to deem that each of the above loan certificates was settled and written by the Deceased. As such, the Defendants, the deceased’s inheritor, are obligated to return to the Plaintiff a total of KRW 100,000,000 based on the above loan certificate, depending on their inheritance shares.
Therefore, Defendant B is obligated to pay the Plaintiff a loan of KRW 60,00,000 ( KRW 100,000,000 x 3/5) and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 6, 2017 to the date following the delivery of a copy of the complaint. Defendant C is obligated to pay the Plaintiff a loan of KRW 40,000,000 ( KRW 100,000 x 2/5 x 5 x 2/5) with a copy of the complaint from July 6, 2017 to the date following the delivery of a copy of the complaint.