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 reasoning of the judgment of the court of first instance cited by the defendant is as follows, except where the following judgment is added with regard to the defendant's additional argument, and thus, it is also cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. The Defendant’s assertion ① the Defendant’s assertion that F claimed the Plaintiff for the payment of KRW 80 million and delay damages therefrom, the Plaintiff filed a complaint with F for the charge of fraud by presenting a letter of waiver of claim under F’s name and a written confirmation of waiver of claim.
However, the decision was made by the F on the grounds that the presumption of the authenticity of the waiver of the above claim and the confirmation of the waiver of the claim was broken, and the plaintiff's use of the above investigation document was recognized.
② On May 27, 2003, the Defendant borrowed KRW 50 million from Seocheon Agricultural Co., Ltd. at the time of the purchase of the instant neighboring family, and transferred KRW 30 million to G (the seller H’s h’s h’) account at the Plaintiff’s request, and KRW 10 million to I (the husband’s husband’s husband’s husband’s husband’s husband’s husband’s department type, such as the Plaintiff’s creditor J) respectively, and fulfilled all the relevant investment obligations.
③ The Defendant merely lent KRW 20 million to L, but did not acquire the claim of KRW 40 million from the Plaintiff, and did not pay KRW 40 million as the transfer price of the claim. The Plaintiff asserts that at the time of the purchase of the commercial building in this case, the Defendant was the transfer price of the claim of KRW 40 million.
Therefore, the authenticity of No. 1 (hereinafter “instant written confirmation”) and No. 2-1 (hereinafter “instant written statement of payment”) is not recognized, and its content is different from the fact, so the Plaintiff’s claim is without merit.
B. Determination 1) Defendant’s above (1) as alleged in the foregoing, the Defendant’s civil suit against F (in Incheon District Court 2012Gahap9702), and the F’s statement of waiver of claim and written confirmation of waiver of claim against F.