대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. In full view of the purport of the entire pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff may recognize the fact that the Plaintiff entered into an agreement with the Defendant to receive a return of KRW 20 million on December 16, 2013, KRW 5 million on December 20, 2013, KRW 27 million on December 30, 2013, and KRW 27 million on December 30, 2013 (hereinafter “instant money”), and that the Plaintiff received a return of KRW 3 million on April 15, 2014.
According to the above facts, the defendant is obligated to pay to the plaintiff damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from April 16, 2014 to May 22, 2019, which is the sentencing date of the first instance court of this case, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the next day to the day of full payment, to the day of full payment.
2. Judgment on the defendant's assertion
A. 1) The defendant asserts that the document is in blank, while stating the address and resident number and the borrower's name directly in blank. 2) The document is presumed to be authentic when the signature or seal of the person himself/herself or his/her agent is affixed or stamped (Article 358 of the Civil Procedure Act). Thus, if the person preparing the document recognizes that he/she himself/herself has signed, sealed, or affixed the private document, the document is presumed to be authentic unless there are other special circumstances, such as the reversal of such presumption by counter-proof. If the authenticity of the document, etc. is recognized, the document can be presumed to have been signed, sealed, and affixed under the completion of the entire document, unless there are other special circumstances.