대여금
1. Defendant B shall pay to the Plaintiff KRW 118,00,000 and the interest rate of KRW 15% per annum from October 1, 2015 to the date of full payment.
1. Comprehensively taking account of the purport of Gap evidence Nos. 2 and 3 as to the claim against the defendant B, witness D's testimony and the entire arguments, defendant B prepared, on August 10, 2015, the loan certificate (Evidence No. 2) stating that the plaintiff will pay 50,000,000 won at an annual interest rate of 20% until August 29, 2015, and on August 16, 2015, the loan certificate stating that the plaintiff will pay 68,00,000 won until August 29, 2015 (Evidence No. 3) was written to the effect that the plaintiff will pay 68,00,000 won until August 29, 2015.
Defendant B asserted that the Plaintiff’s name and signature of the Plaintiff’s creditor column of the above Gap evidence No. 2, the amount of the above Gap evidence No. 3, the date of payment, the collateral goods, and the name and signature of the creditor column is not a loan certificate issued in blank and delivered to D. Thus, the authenticity of the entire document is presumed to be established, since there is no dispute as to the Defendant B’s signature of each of the above loan certificates. In such a case, unless there are other special circumstances, the document can be presumed to have signed under the circumstance where the entire document is completed. However, if the presumption of the authenticity formation as a completion document is reversed and it is proved that the person, other than the developer, was filled with the blank document or the remaining part was filled with with the legitimate authority, the Plaintiff’s signature and the Plaintiff’s signature and seal as a whole, and the Plaintiff’s signature and evidence No. 1401Da1406, Apr. 11, 2003, and the Plaintiff’s signature and seal No. 23, as a whole, the Plaintiff’s signature and the Plaintiff’s signature and evidence No.