약정금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance is that "It is difficult to see that there is any clear and acceptable counter-proof evidence that denies the contents of the statement just because it is alleged by the defendant," in Section 17 and Section 18 of the judgment of the court of first instance, "It is difficult to see that there is any clear and acceptable evidence that denies the contents of the statement just because of the defendant's assertion," and the witness C of the court of first instance to the effect that the testimony of this case is not sufficient to recognize the defendant's argument only with the testimony of this court, and there is no clear and acceptable evidence that denies the contents of the loan certificate of this case, unlike the testimony of the witness C of the court of first instance," and it is consistent with the reasoning of the judgment of the court of first instance except for the determination as follows with respect to the non-
2. The defendant, at the plaintiff's request, only prepared the loan certificate of this case to the plaintiff with the meaning of delivering money from C, and did not have the plaintiff's intent to repay the debt instead of C. Thus, the act of drawing up the loan certificate of this case is invalid by the plaintiff's declaration of intention.
However, insofar as the Defendant prepared to the Plaintiff the instant loan certificate stating that “The Defendant, the borrower, shall repay KRW 30,000,000 to the Plaintiff each month from September 28, 2015 each month, and shall offer the house as collateral if the promise is not performed,” it cannot be said that there was lack of internal intent of deliberation as to the promise of repayment.
On the other hand, even if the defendant's intent was merely to deliver the money of C to the plaintiff, and even if the defendant had expressed his intent not to bear any legal liability, such expression of intent becomes null and void only when the plaintiff, who is the other party, knew or could have known such intention of the defendant (Article 107 (1) of the Civil Act). There is no evidence to prove that the plaintiff knew or could have known
Therefore, the defendant's status.