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..
The purport of the Plaintiff’s claim determination as to the cause of claim was that the Plaintiff’s mother C lent KRW 10 million to the Defendant on October 19, 1994. However, on January 9, 2003, the Defendant agreed on the date of issuance to the Plaintiff on January 9, 2003, and the date of payment was set up for a promissory note with a face value of KRW 25,200,000 as of August 9, 2003, and agreed on the approval of the obligation and the assignment of the assignment of the claim. As such, the Plaintiff transferred the claim to the Plaintiff, the Plaintiff sought a claim against the Defendant for the acquisition amount.
However, according to the statement of No. 1 and the whole purport of the testimony and pleading by the witness C of the party concerned, the defendant prepared and delivered a promissory note (hereinafter “instant promissory note”) with the Plaintiff on January 9, 2003 as of January 9, 2003, the payment date of which was August 9, 2003, and the face value of KRW 25,200,000,000,000 to the Plaintiff. The defendant borrowed KRW 10,000 from the Plaintiff’s mother C on October 19, 1994 (the creditor shall prepare a promissory note D, which is the husband of C), with the sum of the principal and interest of the above loan claims at face value of KRW 25,20,000,00,000,000.
According to the facts of the above recognition, the defendant prepared a promissory note in this case and delivered it to the plaintiff with the agreement that the plaintiff acquired the loan claim amounting to KRW 10 million on October 19, 1994 (the defendant actually asserted that the defendant's husband H borrowed money, but the defendant continued to assert that the defendant borrowed money from the plaintiff Eul, and even if the husband H is the debtor, the defendant was deemed to have prepared the promissory note in this case to the effect that the defendant would accept and repay the debt even if the husband is the debtor, so the defendant is deemed to have been liable to pay the above loan). The plaintiff acquired the loan claim amounting to KRW 10 million on October 19, 1994 from the defendant on January 9, 203, and the plaintiff acquired the loan claim amounting to KRW 10 million on October 19, 194.