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. Determination as to the cause of claim
A. On March 18, 2007, the Plaintiff asserted that the Plaintiff lent KRW 11 million to the Defendant on a fixed date on May 30, 2007, and the Defendant did not repay this.
Therefore, the defendant is obligated to pay to the plaintiff the above loan 10 million won and damages for delay from May 31, 2007, which is the day after the payment date.
B. On March 18, 2007, the Defendant prepared and delivered to the Plaintiff a promissory note in blank with the Plaintiff’s face value of KRW 11 million, the due date of payment, May 30, 2007, the issuer, the Defendant, the place of payment, the place of payment, and each place of payment (hereinafter “the Promissory Notes”).
As of December 20, 2007, the Defendant’s wife C prepared and issued a receipt stating that “C shall borrow KRW 9 million from D and make payment by April 30, 2008” (hereinafter “Receipt”) to the Plaintiff’s wife D by December 20, 2007. In addition, the Defendant’s wife and the Defendant’s wife borrowed KRW 1 million from D as of February 1, 2008, and issued two copies of the receipt stating that “C shall make payment by April 1, 2008” (hereinafter “Receipt”). < Amended by Act No. 8746, Feb. 1, 2008>
The "each of the receipts of this case" is referred to as "each of the receipts of this case".
(ii) [The purport of the whole pleadings and evidence Nos. 1, 2-1, 2, and 3 of the evidence No. 1, 2, and 3 based on recognition.]
C. In light of the above recognized facts and the following circumstances revealed in the argument of this case, the defendant borrowed KRW 11 million from the plaintiff on May 30, 2007, which was the date of payment of the bill of this case, from the plaintiff around March 18, 2007, as the date of payment of the bill of this case, and it is insufficient to reverse the above mentioned items 1 and 2 of the evidence Nos. 1-2.
Therefore, barring special circumstances, the Defendant is entitled to the Special Act on the Promotion of Legal Proceedings, etc. from May 31, 2007 to the delivery date of a copy of the complaint of this case from May 31, 2007 to the delivery date of a copy of the complaint of this case, and from the following day to the day of full payment.