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. On June 10, 2014, the Defendant: (a) borrowed KRW 18,90,000 from the Plaintiff on June 10, 2014 in relation to the construction site of C Elementary School Special Class D (hereinafter “instant construction”); (b) stated that the advance payment shall be repaid in full to the Plaintiff immediately after receiving the advance payment from the ordering agency; and (c) signed and sealed it to the Plaintiff on June 10, 2014; and (d) delivered the advance payment to the Plaintiff with the signature and seal affixed thereon. The Defendant did not dispute between the parties to the instant construction project, or can be recognized by comprehensively taking into account the purport of the entire statement in subparagraph 1.
2. Determination:
A. If the authenticity of a disposal document is recognized, the court should, in principle, recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable reflective evidence that denies the contents stated therein (see, e.g., Supreme Court Decision 2010Da58728, May 13, 201). Thus, barring special circumstances, the Defendant concluded a monetary loan agreement with the Plaintiff with a loan of 18,90,000 won (hereinafter “the instant monetary loan agreement”), and borrowed the said money from the Plaintiff.
B. As to this, the Defendant: (a) was awarded a subcontract for the instant construction project from the development of the U.S. industry; (b) was prepared first to borrow from the Plaintiff, the site manager, due to the necessity of funds at the time; (c) however, (d) the Plaintiff did not pay the said funds to himself; and (c) accordingly, (d) claimed that the instant claim is dismissed and different.