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 to be stated in this part of the judgment of the court on the cause of the claim is as stated in the corresponding part of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 4
2. Judgment on the defendant's defense
A. The defendant, who affixed a blank objection, signed and sealed at the request of the plaintiff, to the effect that the representative director of the plaintiff I arbitrarily prepared the evidence No. 1-1 (hereinafter "the loan certificate of this case"), a disposal document of the loan agreement of this case, without the defendant's consent.
In light of the following circumstances, there is no dispute between the parties, or when comprehensively considering the overall purport of Gap evidence Nos. 1-1, 2, and 11 as well as the overall purport of arguments, the defendant delivered the plaintiff's representative director I a signed and sealed document with the knowledge that I prepared the loan certificate, and in light of the description and form of Gap evidence No. 1-1, it is difficult to deem the loan certificate of this case after the document signed and sealed by the defendant is written (in particular, the part entered in the resident registration number). The defendant filed a complaint on the ground that I forged the loan certificate of this case, but the defendant was not subject to disposition of non-prosecution as to the charge of the above suspicion, it is difficult to acknowledge the defendant's assertion only by the evidence submitted by the defendant, and there is no
B. The gist of the Defendant’s defense of false conspiracy 1 was that the Defendant had a claim for a promissory note amounting to KRW 300 million against the net C. However, as the net C died on November 6, 2015, D, the actual operator of the Plaintiff, as one inheritor, transferred KRW 300 million from the Plaintiff’s account to the Defendant’s account on April 3, 2017, under the name of repayment for the Defendant’s claim for the aforesaid promissory note, and the Defendant demanded the Plaintiff to prepare a loan certificate for accounting purpose and prepared the instant loan certificate.
Therefore, the loan for consumption in this case.