대여금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
1. Facts of recognition;
A. On June 4, 201, the Plaintiff, the Defendant, and C: (a) KRW 10,000,000 (hereinafter “the instant loan”); and (b) a certificate of loan with the maturity of payment as of June 25, 2011 (Evidence A; hereinafter “the instant loan certificate”); and (c) the instant loan certificate is written by the Defendant and C as a joint and several surety.
B. On February 7, 2012, the Plaintiff sent to the Defendant and C a certificate of content that the Plaintiff did not repay the instant loan, and the Defendant and C sought the return of the instant loan.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. As to the Plaintiff’s claim for the payment of the instant loan and its delay damages, the Defendant asserted to the effect that the Plaintiff’s claim is unjustifiable merely because the Defendant borrowed the instant loan from the Plaintiff C, and the Defendant merely offered only the formal seal on the instant loan certificate.
However, as long as the formation of a disposal document is recognized as authentic, the court must 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 counter-proof as to the denial of the content stated in the disposal document.
(2) On June 9, 2016, the Defendant’s seal on the instant loan certificate is deemed to have established the authenticity of the entire document, as there is no dispute between the parties. As alleged by the Defendant, the Defendant’s certificate of personal seal impression attached to the instant loan certificate was issued one month after the date on which the instant loan certificate was issued cannot be denied the Defendant’s liability for repayment contrary to the description of the instant loan certificate.
Therefore, according to the above facts, the Defendant’s loan amounting to KRW 10,000,000 and the following day after the maturity date of the loan in this case pursuant to the loan certificate of this case, and the Defendant’s payment from June 26, 201.