대여금
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. If the purport of the entire argument is added to the statement in Gap evidence No. 1 as to the cause of the claim, the plaintiff paid from the defendant 2,00,000 won to KRW 500,000 on January 25, 2010, and the remaining 1,50,000 won to be repaid by the end of April 2010, the loan certificate of this case is "the loan certificate of this case".
may be recognized that the preparation has been received.
Therefore, the Defendant is obligated to pay to the Plaintiff 1,50,000 won with 5% per annum under the Civil Act from May 1, 2010 to April 14, 2014, the delivery date of the original copy of the instant payment order, and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
2. Defendant’s assertion and judgment
A. The defendant asserts that the plaintiff, the head of the insurance company's team team, was not obligated to pay the above money to the plaintiff, and this is merely a monetary issue with the plaintiff's agent, since the defendant was merely obligated to pay 1,500,000 won to the defendant, upon request by the agency owner, to prepare a certificate of loan in this case.
B. However, there is no evidence to acknowledge the Defendant’s above assertion, and in a case where the authenticity of a disposal document is recognized, the existence of a legal act, which is its content, should be recognized unless there are any special circumstances where the existence and content of the expression of intent indicated in the document is clear and acceptable (see, e.g., Supreme Court Decision 2000Da38602, Oct. 13, 200). There are no special circumstances where it is evident and acceptable that the content of the loan certificate of this case, which is a disposal document, the authenticity of which is recognized, can be denied.
Therefore, the defendant's argument is without merit.
3. Conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is concluded.