기타(금전)
1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be revoked.
1. The Plaintiff’s assertion was lent KRW 30 million to the Defendant around January 2010, but only KRW 12 million was repaid and the remainder was not repaid. As such, the Defendant is liable to pay the Plaintiff KRW 18 million and delay damages therefrom.
2. We examine the judgment, and the written agreement (Evidence A No. 1-1) submitted by the Plaintiff, stating that “C and the Defendant shall pay KRW 18 million to the Plaintiff.” The Defendant’s name is recognized as having a unique seal on the right-hand side of the Defendant, but the said written agreement was prepared by the Defendant.
Inasmuch as there is no evidence to prove that the unmanned on the right side of the defendant's name is the defendant, the above agreement cannot be used as evidence, as there is no evidence to prove the authenticity of the agreement.
In addition, it is not sufficient to recognize the fact that the plaintiff lent money to the defendant only with the images of No. 1-2 and No. 6, and there is no other evidence to acknowledge it.
3. Thus, the plaintiff's claim of this case is dismissed as it is without merit. Since the part against the defendant in the judgment of the court of first instance is unfair with different conclusions, the above part against the defendant shall be revoked, and the plaintiff's claim corresponding to the above part against the defendant shall be dismissed. It is so decided as per Disposition.