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1. The Defendant’s KRW 60,420,00 for the Plaintiff and 5% per annum from January 3, 2018 to May 17, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff lent to C, the husband of the Defendant, KRW 1.7 million on August 29, 2005, KRW 6.7 million on June 12, 2008, KRW 5 million on October 1, 2008, and KRW 11.7 million on November 8, 2009, without setting the due date or interest.
B. C on October 25, 2005, paid KRW 1 million to the Plaintiff with partial repayment of KRW 10 million.
C. C died on October 18, 2017, and C succeeded to D’s property, the wife of the network C, the Defendant and his children.
[Evidence Evidence: Facts without dispute, as described in Evidence A, Nos. 1, 2, 3, and 5, and the purport of the whole pleadings]
2. Judgment on the parties' arguments
A. According to the above facts finding as to the cause of the claim, the defendant, as the heir of the deceased C, is obligated to pay the plaintiff the amount of KRW 60,420,00 (==10,700,000 x 3/5 (shares in inheritance) x 3/5) equivalent to the defendant's shares in inheritance out of KRW 1,70,000,000, excluding the amount of KRW 1,700,000,000, which is the total amount of each loan, and it is reasonable to dispute the existence or scope of the obligation of the defendant from January 3, 2018, which is the date following the delivery date of the copy of the complaint of this case, until May 17, 2018, which is the date of the decision of this case, 5% per annum under the Civil Act, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day until the day of full payment.
(A) The plaintiff filed a claim for delay damages from August 29, 2005 to the delivery date of a copy of the complaint of this case, which is the date of lease of KRW 10 million. However, according to Article 387(2) of the Civil Act, if there is no due date for performance of obligation, the debtor is liable for delay from the time of receiving a claim for performance. Thus, the damages for delay on each of the of the loans of this case, for which the period of repayment is not specified, occurs from the day after the date on which the defendant received a claim for performance from the plaintiff.
The defendant's defense of extinctive prescription is decided on August 29, 2005, and it is decided on August 29, 2005.