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1. The Defendant shall pay to the Plaintiff (Appointed) KRW 37,169,30, KRW 24,779,500, KRW 24,779,500, and KRW 24,779,500.
Reasons
1. Basic facts
A. The deceased on May 13, 2012, and the Plaintiff (the appointed party; hereinafter referred to as the “Plaintiff”) inherited the deceased on May 13, 201 as his/her spouse, 3/7, and the remaining designated parties, respectively, as 2/7 shares.
B. On July 14, 2008, the network E remitted total of KRW 191,460,000 to the Defendant’s account, including the remittance of KRW 96,50,000 to the Defendant’s account, and the Defendant remitted total of KRW 500,000 to the Defendant’s account on July 20, 2009. The Defendant remitted total of KRW 168,570,000 to the network E account on July 14, 2008, as well as KRW 500,000 by June 13, 2013.
C. On April 1, 2013, after the death of the deceased E, the Defendant paid to the Plaintiff KRW 22,000,000,000, and KRW 1,000,00 on May 4, 2013, and KRW 22,00,00,000 on June 13, 2013.
[Reasons for Recognition] Evidence Nos. 1 to 3, Evidence No. 1 to 1, the purport of the whole pleadings
2. The parties' assertion
A. The summary of the Plaintiff’s assertion lent KRW 191,460,00 to the Defendant as interest rate of KRW 2.5% on July 14, 2008, including the loan of KRW 96,50,000 to the Defendant as interest rate of KRW 2.5% on July 20, 2009, and the principal and interest have been repaid from the Defendant. As of June 13, 2013, the principal and interest rate of KRW 89,376,519 was paid as of June 13, 2013, the principal and interest rate of KRW 36,58,71f, interest rate of KRW 36,728,30 among them, and damages for delay have been paid from June 14, 2013.
B. The summary of the Defendant’s assertion: (a) the Defendant decided to distribute profits from lending money from the network E to another person; and (b) the Defendant was unable to pay money to the network E from March 27, 201 because it was difficult for the beneficiary to recover the lending debt; and (c) the Defendant agreed to settle accounts between the Party E and the network as payment of KRW 20,000,000 to the network E on March 201, by talking about the circumstances difficult to the network E; (d) the Deceased died and then the Defendant paid KRW 20,000,000 to the Plaintiff, the heir on April 1, 2013.