대여금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. Determination as to the cause of claim
A. The Plaintiff’s summary of the Plaintiff’s assertion was prepared and delivered by the Defendants with a letter of performance as to KRW 50,000,000 as of April 18, 2008, and then lent KRW 50,000 in total from around that time to April 21, 2008. Thus, the Defendants are jointly and severally liable to pay the Plaintiff the above loan and delay damages.
B. As long as the establishment of a dispositive document is recognized to be genuine, the court shall recognize the existence and content of the declaration of intent in accordance with the language stated in the dispositive document, unless there is any clear and acceptable counter-proof as to the denial of the contents of the dispositive document. In a case where there is any difference in the interpretation of a contract between the parties and the parties, the interpretation of the intent expressed in the dispositive document is at issue, it shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, motive and circumstance of the dispositive agreement, the purpose to be achieved
(2) In light of the overall purport of the arguments, the defendants prepared a performance note to the effect that the plaintiff borrowed KRW 50,000,000 from the plaintiff (hereinafter referred to as "the execution note of this case") on April 18, 2008 and signed and sealed each of the names, addresses, and resident registration numbers of this case. The defendant Eul prepared a receipt to receive KRW 50,000,000 from the plaintiff as a loan of the performance note of this case (hereinafter referred to as "the receipt of this case"), and delivered it directly to the plaintiff on April 21, 2008, with the certificate of personal seal impression and a certified copy of this case, according to the special circumstances, the defendants Eul prepared a performance note to the effect that the plaintiff would receive KRW 50,00,000 from the plaintiff as a loan of the performance note of this case.