대여금
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
The purport of the claim and appeal is the purport of the appeal.
1. The parties' assertion
A. On March 19, 2008, Plaintiff A lent KRW 10,000,00 to the Defendant at an interest rate of 3.4% per month and on August 10, 2017. The Plaintiff B, on June 4, 2008, lent KRW 1,100,000 to the Defendant at an interest rate of 4% per month and the due date of payment on October 10, 2017 (hereinafter “each of the instant loans”). The Defendant is obligated to pay each of the above loans to the Plaintiffs.
B. The Defendant did not prepare the evidence Nos. 4-1 to 8 (the evidence No. 4-2 and 3 are the same as the evidence No. 1-2, and the evidence No. 4-6 and No. 7 are the evidence No. 2-1 and No. 2-2; hereinafter “each of the documents of this case”) of the Defendant No. 4-1 to No. 8 (the evidence No. 4-2 and No. 3 are the same as the evidence No. 1-2, and the evidence No. 6 and No. 7 are the same as each of
Even if the facts of the plaintiffs' lending are recognized, since each of the loans of this case constitutes commercial claims and five years have passed since the due date, the extinctive prescription expired.
2. Determination
A. (1) Determination as to the cause of the claim (1) Determination as to the authenticity of the relevant legal principles as to each of the documents of this case (A) Whether the authenticity of each of the documents of this case is established shall be determined by a court based on free evaluation, based on all the evidentiary materials and the entire purport of pleading. In light of the fact that where the authenticity of a disposal document is established, the existence and content of the declaration of intent in accordance with the contents of the document must be recognized unless there is any clear and acceptable counter-proof evidence that could deny the contents of the statement if the authenticity is recognized.
(2) In the event that a title holder of a private document recognizes the establishment of the portion of the stamp image, barring any special circumstance, the title holder affixed his/her signature and seal on the completion of the entire content of the document.