2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. The Defendant, on April 15, 2015, indicated that he/she borrowed KRW 0,000 per day from the deceased C (hereinafter “the deceased”) on the loan certificate No. 1, stating that he/she borrowed KRW 1,000,000 from the deceased, is “the certificate of gift”.

(hereinafter “this case’s loan certificate”) was drawn up and issued.

B. The Deceased died on August 1, 2015, and at the time, there was the Plaintiff and D, a sibling of the Deceased.

C. On October 16, 2015, the Plaintiff and D drafted a written agreement on the division of inherited property with the purport that the claim based on the instant loan certificate will be owned solely by the Plaintiff.

[Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. 1) Determination as to the cause of the Plaintiff’s claim does not dispute between the parties as to the fact that the Defendant prepared the instant loan certificate, and the above loan certificate is clear that the Defendant borrowed KRW 10,000,000 from the Deceased. In addition, in a case where the authenticity of the disposal document is recognized, the existence of a legal act that forms the content may not be acknowledged, barring any special circumstance where the existence and content of the expression of intent indicated in the document is evident and acceptable. Therefore, barring any special circumstance, the Defendant is liable to pay to the Plaintiff, the heir of the Deceased, the amount of KRW 10,000,000, and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from March 5, 2016 to the date of full payment.

B. As to the judgment on the Defendant’s assertion, the Defendant listens to the opinion that the deceased could not recover the money properly to the ordinary people, and, when lending the money to the deceased, prepared and delivered the loan certificate formally in order to inform the deceased of the method of drawing up the loan certificate.