기타(금전)
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. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 2, and 3, the Plaintiff loaned KRW 15 million to the Defendant on November 29, 2012. Thus, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff delay damages calculated at the rate of 20% per annum from January 17, 2014 to the date of full payment, as sought by the Plaintiff, from January 17, 2014, which is the day following the sentencing date of the first instance judgment, to the day of full payment.
2. Judgment on the defendant's assertion
A. The defendant asserts that the plaintiff's declaration of intention is invalid as a declaration of intention because it is merely because the plaintiff received a request from the deceased D for the advance payment of the construction price of KRW 15 million from the deceased and the defendant, who is an employee of the network D, demanded the debtor to prepare a loan certificate of KRW 15 million, which the defendant as the debtor, and prepared and issued the same loan certificate. However, although the evidence submitted by the defendant alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it, this part of the defendant's assertion is without merit.
B. In addition, the defendant's declaration of intent by fraud was used only for the settlement of the construction price by the plaintiff, and the defendant had the defendant enter into a loan certificate of KRW 15 million by deceiving the defendant, which is alleged to the effect that it would be revoked as a declaration of intent by fraud. However, the evidence submitted by the defendant alone is insufficient to accept it, and there is no other evidence to acknowledge it. Thus, this part of the defendant
3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.