대여금
1. Revocation of a judgment of the first instance;
2. The Defendant’s KRW 50 million and its relation to the Plaintiff shall be from June 22, 2009 to November 201, 2013.
1. The fact that the Defendant, on January 21, 2009, prepared and delivered a loan certificate that the Plaintiff borrowed KRW 50 million from the Plaintiff on June 21, 2009 (Evidence A A) with the due date set by the Plaintiff on June 21, 2009, does not conflict between the parties.
Thus, the defendant is obligated to pay to the plaintiff 50 million won the above loan and the delay damages calculated at the rate of 5% per annum as stipulated by the Civil Act from June 22, 2009 to November 20, 2013, the service date of a copy of the complaint of this case, from the next day to the day of full payment, to November 20, 2013, the amount of delay damages calculated at the rate of 20% per annum as stipulated by the provisions of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015).
2. Judgment on the defendant's assertion
A. The summary of the Defendant’s assertion 1) The Defendant prepared the above loan certificate with the intent to borrow money from the Plaintiff, but did not borrow money in dispute with the Plaintiff. The Defendant only borrowed KRW 40 million from C other than the Plaintiff on January 21, 2009. 2) The Defendant did not borrow money from the Plaintiff, and the Defendant did not recover the above loan certificate from the Plaintiff on the premise that it did not have any meaning because it did not borrow money from the Plaintiff.
3) On January 21, 2009, the Defendant fully repaid KRW 40 million borrowed from C. (B) On January 21, 2009, the Plaintiff deposited KRW 50 million as a check from the bank account under the Plaintiff’s name.
2) On January 21, 2009, the Defendant prepared and delivered the above loan certificate to the Plaintiff in the presence of the Plaintiff, C, and D on January 21, 2009. The above loan certificate is written by C as a joint guarantor. 3) The above check withdrawn by the Plaintiff was deposited into the bank account in the name of C on January 21, 2009.
4) C transferred KRW 40 million, out of KRW 50 million received from the Plaintiff on the same day, to a bank account under the name of the Defendant. [The grounds for recognition: the fact that there is no dispute, Gap evidence 1 through 3, Eul evidence 1, and Eul evidence 1, and the court of first instance.