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1. The Defendants each of KRW 34,285,714 to the Plaintiff and 20% per annum from September 2, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. As of October 4, 2013, between the Plaintiff and the deceased D (hereinafter “the deceased”), a certificate of borrowing with the following content (hereinafter “the instant certificate of borrowing”) was drawn up and issued as of December 12, 2014 by the applicant E’s certificate of seal impression.
B. On February 2012, the Deceased was determined as liver cancer and was hospitalized several times at the Seoul Asan Hospital from around February 2012. On September 2013, 2013, there was a livering symptoms. On October 3, 2013, the Deceased was treated in the emergency room of the said hospital as a balone and an influent part, and died on February 3, 2015. E is the wife of the Deceased, and the Defendants are the self-fluences of the Deceased.
C. The Plaintiff filed an application for the instant payment order against E and the Defendants to pay the remainder of KRW 12,000,000 on the instant loan certificate according to statutory inheritance shares. The Plaintiff issued the payment order under 2015 tea29384. The Defendants raised an objection against the said payment order, but the Defendants did not raise an objection, and thus, the part on E became final and conclusive.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 3, the purport of the whole pleadings
2. The parties' assertion
A. On February 31, 2019, the Plaintiff lent KRW 200 million to the Deceased, and received KRW 80 million from the Deceased, and from August 2003, the Plaintiff received KRW 1 million per month interest on the remainder of the loans. (ii) The Plaintiff urged the Deceased to pay the remainder of KRW 120 million (hereinafter “the instant loan”). On October 4, 2013, the Deceased paid the Plaintiff KRW 120 million by December 31, 2014 and paid the Plaintiff KRW 500,000 per month interest on the said money.
3. From October 4, 2013, the Deceased paid KRW 500,00 per month interest on the instant loan to the Plaintiff, but the Plaintiff did not repay the instant loan by December 31, 2014, whose maturity is due.