대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
The defendant.
1. According to the evidence Nos. 1 and 2 of the judgment as to the cause for the claim, the plaintiff set the amount of KRW 9.1 million to the defendant on Nov. 10, 2005 as 2% of interest per month and May 10, 2006.
In this regard, it is recognized that the defendant prepared a notarial deed stating that he bears the obligation of borrowed money and a certificate of borrowed money. However, it is argued that C and three other parties merely borrowed money from D, the plaintiff's her son, and it is only written by the defendant in favor of money and for convenience.
Inasmuch as the authenticity of a disposal document is recognized, denying the probative value of the disposal document is not allowed unless there exists any special reason to deny the probative value of the disposal document (see, e.g., Supreme Court Decision 89Meu10484, Nov. 10, 1989), barring special circumstances, the Defendant shall be deemed to have borrowed money from the Plaintiff as indicated in the above evidence Nos. 1 and 2, and there is no evidence to acknowledge the Defendant’s assertion.
Therefore, the Defendant is obligated to pay 9.1 million won to the Plaintiff at the rate of 5% per annum under the Civil Act from December 4, 2015 to January 25, 2016, which is the delivery date of a copy of the instant complaint, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.
2. In conclusion, the judgment of the first instance is just, and the defendant's appeal is dismissed.