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1. The Defendant: (a) 300 million won to Plaintiff A; (b) 5% per annum from August 9, 2016 to June 28, 2017; and (c) from the next day.
Reasons
1. Basic facts
A. The plaintiffs are married couple, and the wife B and the defendant's wife D are the parties, and they are the plaintiffs A and the defendant's wife.
E (hereinafter referred to as “the deceased”) died on October 3, 2010, and the inheritor has spouse F, children G, H, Plaintiff B, and D.
B. The Deceased and the Defendant’s pecuniary relationship 1) The Deceased’s Bank of Seoul Special Metropolitan City, Gwanak-gu, 302 (hereinafter “the Loan of this case”).
(2) On April 18, 2003, when acquiring the loan of this case, it received a loan of KRW 30 million from the Gyeonggi-do Fisheries Cooperatives on the security of the loan of this case on June 23, 2005, and borrowed KRW 24 million, which is a part of the loan, to the Plaintiff B. The Plaintiff B paid KRW 30 million to the deceased on October 30, 2006. The deceased loaned KRW 30 million to the Defendant on the following day.
3) On June 29, 2009, the Deceased extended additional loans of KRW 51 million as security, and lent KRW 50 million among them to the Defendant. 4) The Deceased repaid KRW 2 million on April 2, 2007 among the loans secured by the instant lending, and repaid on September 4, 2009.
9. A total of 3 million won and the balance of the loan (=60 million won + 51 million won - 5 million won) is 16 million won.
5) On May 24, 2010, the Deceased completed the registration of ownership transfer for each of the instant 1/2 shares of Plaintiff B and F on the ground of donation. On May 18, 2016, F transferred its shares to Plaintiff B on the ground of donation and became the sole ownership of Plaintiff B’s lending of this case. (6) On June 23, 2010, Plaintiff B acquired each of the instant lending agreements secured by the instant lending, and repaid KRW 16 million on May 25, 2016.
C. The Defendant, who operated the “K Gas station” on the ground of the J of Ansan-si, Andong-si, operated the “K Gas station” to the Plaintiffs. The Defendant, who owned the said gas station by itself, was 319 square meters and 565 square meters per annum per annum per annum per annum per annum (hereinafter “the instant case”).