1. The defendant shall pay 47,500,000 won to the plaintiff and 20% per annum from October 25, 2013 to the day of complete payment.

1. Basic facts

A. The Plaintiff succeeded to the deceased C (the deceased on August 1, 2012, hereinafter referred to as “the deceased”) with due care.

B. On November 20, 2009, the Deceased borrowed KRW 230,000,000 from a wall agricultural cooperative as security with the area of KRW 1,268 square meters (hereinafter “the instant real property”) prior to the establishment of the right to collateral security (hereinafter “the instant right to collateral security”) against the wall agricultural cooperative, Gyeyang-gu, Seoyang-gu, Seoul, the Plaintiff owned, and set the right to collateral security (hereinafter “the instant right to collateral security”) at KRW 280,000,000 for the wall agricultural cooperative.

C. Around November 30, 2009, the Deceased, the Defendant, and E obtained a loan of KRW 200,000 (additional KRW 30,000,000) as collateral for the instant real estate as a partner of the Deceased, the Defendant, and the E, as a partner, due to a shortage of funds, and the Defendant and E are additionally required to make a loan of KRW 200,000,000 (additional KRW 30,000). However, in preparing an agreement document stating that the Defendant and E are liable for full payment and delayed payment within the given period, the Defendant and E are additionally stated at the lower end.

[Ground of recognition] Facts without dispute, entry of Gap1 to 6 evidence, purport of the whole pleadings

2. As to the cause of the claim, the deceased lent KRW 230,00,000 to the Defendant and E who borrowed the instant real estate as collateral. The Defendant agreed to assume the above obligation within the scope of KRW 47,50,000,000, and the Plaintiff inherited the deceased’s inheritance with the care of the deceased as seen earlier. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of KRW 47,50,000 and the damages for delay calculated at the rate of KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 25, 2013 to the day of full payment, which is the day following the delivery of the duplicate of the instant

3. Judgment on the defendant's assertion

A. The Defendant’s assertion, the Deceased, and E purchased each of the real estate F, G, and D in Gyeyang-gu in Gyeyang-gu in the same business, and sold it to a third party, and received KRW 142,500,00 as a down payment, but the buyer claimed the return of the down payment and claimed the return of the down payment on the ground that the change in use of the said real estate did not occur.