1. The Defendant shall pay to the Plaintiff KRW 9,232,547 and a rate of KRW 24% per annum from November 27, 2018 to the date of complete payment.

1. Facts of recognition;

A. On November 7, 2012, the Plaintiff: (a) lent KRW 50 million to the network E (the deceased on November 12, 2012, hereinafter “the deceased”); (b) determined the interest rate of KRW 2% per month; and (c) due date of repayment on November 6, 2013 (hereinafter “instant loan”); and (d) jointly and severally guaranteed the payment of the said debt.

B. The Defendant inherited 1/4 shares of the deceased’s property.

C. Of the instant loans, the Plaintiff received reimbursement of KRW 50 million on April 6, 2016, and KRW 30 million on November 26, 2018, respectively.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4 (if there are additional numbers, including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. According to the determination on the Plaintiff’s assertion of the cause of claim, the following facts are as follows: ① (i) the Plaintiff paid KRW 50 million on April 6, 2016 to April 6, 2016, KRW 40,964,383 of the instant loan interest (i.e., KRW 50 million x 0.24 x 1,246/365) and KRW 9,035,617 of the principal and KRW 9,964,383 of the instant loan as of April 7, 2016; and (ii) the Plaintiff appropriated the principal and KRW 30 million paid on November 26, 2018 through April 6, 2016 to the interest rate of KRW 40,964,383; and (iii) the principal and KRW 30 million from April 7, 2016 to April 6, 2016; and (iv) the interest rate of KRW 1306308,198.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 9,232,547 based on the inheritance shares (=36,930,190 】 1/4, and less than KRW 1/4) and the agreed damages for delay at the rate of 24% per annum from November 27, 2018 to the date of full payment.

B. The Defendant’s assertion and determination 1) agreed that D, a joint surety for the instant loan obligation, and the Plaintiff, if the principal amounting to KRW 50 million on April 6, 2016, would be paid, the entire repayment of the instant loan principal. Accordingly, D loaned KRW 50 million from F on April 6, 2016 to the Plaintiff and repaid the principal amounting to KRW 50 million to the Plaintiff. The Plaintiff agreed with the Plaintiff to pay interest KRW 30 million as the unpaid obligation (hereinafter “instant assertion”).

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