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. On February 27, 2003, the following amount: (a) The resident number borrowed on February 27, 2003: B shall pay the above amount by April 27, 2003.
On February 27, 2003, the Defendant prepared and delivered the following loan certificates (hereinafter “the loan certificates of this case”) to C.
[Ground of recognition] Unsatisfy, Gap evidence 1
2. Assertion and determination
A. The plaintiff's assertion (1) on February 27, 2003, through D and C, the spouse of the plaintiff, determined and lent KRW 20 million to the defendant on April 27, 2003.
However, the Plaintiff is liable for the payment of KRW 10 million and damages for delay, as the Plaintiff only keeps the documentary loan of this case.
(2) The Defendant’s assertion C, at the Defendant’s recommendation, requested C to prepare a loan certificate as security for investment funds, and issued and delivered the instant loan certificate to C, and did not borrow money from the Plaintiff.
The Defendant did not have received notice from C that it transferred the claim to the Plaintiff, and since the obligation to C was ten years from the maturity date and the prescription period expired, it did not have the obligation to repay the loan to the Plaintiff.
B. (1) The nature of the money stated in the instant loan certificate: The existence and content of the declaration of intent in accordance with the contents of the document must be acknowledged, unless there is any clear and acceptable counter-proof as to the establishment of the authenticity of the dispositive document, unless it is evident and acceptable to deny the contents of the statement
(2) The court below erred by misapprehending the legal principles as to the loan of this case, and exceeding the bounds of the legal principles as to the loan of this case. The court below erred by misapprehending the legal principles as to the loan of this case. The court below erred by misapprehending the legal principles as to the loan of this case and exceeding the bounds of the legal principles as to the loan of this case. The court below did not err by misapprehending the legal principles as to the loan of this case. The court below did not err by misapprehending the legal principles as to the loan of this case.