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. The grounds for admitting the judgment of the court of first instance, which the Defendant asserted in the trial while filing an appeal, are not significantly different from the allegations in the court of first instance, and even if each evidence and the result of pleading submitted in the trial are examined, the judgment of the court of first instance that partially accepted the Plaintiff’s claim,
Therefore, this court's reasoning, including the allegations and evidence of the parties added in the trial, shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is stated in the reasoning of the judgment of the first instance, except for the further determination by supplementing the reasoning of the judgment of the first instance as stated in the following
2. Additional determination
A. The defendant's assertion that the representative director C transferred the right to execute the construction of this case to the plaintiff, and the defendant was paid KRW 460 million in return for the transfer of the right to execute the construction of this case from the plaintiff. All of the money that the defendant received from the plaintiff is the consideration before the above enforcement right and the defendant did not borrow money from the plaintiff. Each of the loan certificates of this case was prepared formally at the plaintiff's representative director I's request when it is necessary for the defendant to account for the plaintiff's company at the time of receiving part of the above payment.
(b) If the authenticity of a disposal document is recognized as having been made, the court shall recognize the existence and content of the declaration of intention in accordance with the contents of the document, unless it is recognized that there was an express or implied agreement different from the contents written therein by a reflective document;
(see, e.g., Supreme Court Decision 97Da1013, Jan. 21, 2000). Each of the instant receipts [No. 1 (including the serial number; hereinafter the same shall apply] with the purport that the Defendant would borrow money from the Plaintiff.
[) The Plaintiff provided a total of KRW 169,560,000 to the Defendant five times from June 1, 2009 to October 20, 2009, as stated in the facts that the Plaintiff prepared to the Plaintiff and stated in each of the above loan certificates.