대여금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
1. The parties' assertion
A. Based on the loan certificate (Evidence A; hereinafter “the loan certificate of this case”), the Plaintiff sought payment of KRW 5,000,000,000, excluding the remainder of KRW 29,000,000, and the remainder of KRW 29,000,000, which was already paid out of the loan certificate of this case, and delay damages therefrom, on the grounds of the loan certificate that “I promise to repay by June 30, 2015, and June 30, 2015,” written by the Defendant (hereinafter “the loan certificate of this case”).
B. The Defendant asserts that KRW 9,00,000, out of the loan certificate of this case 29,000,000, the loan certificate of this case, was borrowed by himself, but the remaining KRW 20,000,000, not himself, was not the principal but C, and thus, on March 30, 2015, the Defendant drafted the loan certificate of this case by the Plaintiff’s coercion, and that he paid KRW 9,00,000,000, including interest rate of KRW 1,00,000.
2. Determination
A. There is no evidence to acknowledge that the Defendant prepared the loan certificate of this case by the Plaintiff’s coercion. Thus, the existence of the expression of intent indicated in the loan certificate of this case, which is a disposal document recognized as the authenticity, and the existence of the content of the legal act should be recognized unless there are any special circumstances to deny and acceptable.
(See Supreme Court Decision 89Meu16505 Decided March 23, 1990, etc.). Therefore, barring any special circumstance, it is reasonable to deem that the Defendant, by preparing and delivering the instant loan certificate, agreed to pay KRW 29,000,000 to the Plaintiff by June 30, 2015.
B. According to each of the statements in Health Team, No. 2, and No. 1 (including additional numbers) as to whether there are any special circumstances to deny the existence and content of the above declaration of intention, the Plaintiff may recognize the fact that the Defendant and C exchange money with the following money:
Defendant 1, August 13, 2014, on August 13, 2014, Defendant 1, on August 13, 2014, paid the other party’s money (won) paid on the date of transaction. < Amended by Act No. 1,500,000, Nov. 17, 2000>