대여금
1. The part against Defendant B in the judgment of the first instance shall be revoked;
The plaintiff's claim against the defendant B is dismissed.
2...
1. Facts of recognition;
A. The Plaintiff, around 2005, lent KRW 20 million to Defendant C.
(hereinafter “instant loan”). (b)
Since then, Defendant C would pay to the Plaintiff KRW 20 million until January 24, 2006.
“The” has drawn up and issued a cash custody certificate with the content thereof.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the claim against Defendant C, Defendant C is obligated to pay the Plaintiff KRW 20 million of the instant loan.
As to this, Defendant C alleged to the effect that he repaid approximately eight million won to the Plaintiff, but there is no evidence to acknowledge this, the above assertion is without merit.
Therefore, Defendant C is obligated to pay to the Plaintiff 20,000,000 won for the loan of this case and damages for delay calculated by the rate of 5% per annum under the Civil Act until May 18, 2015, which is the delivery date of the original copy of the payment order of this case, to the Plaintiff from January 25, 2006, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
B. As to the claim against Defendant B, the Plaintiff borrowed money together with Defendant C, who is the birthee, and Defendant B prepared a cash custody certificate (Evidence A 1) to pay KRW 20 million with Defendant C, and Defendant B also has the obligation to pay the loan jointly with Defendant C.
The document No. 1 (cash storage certificate) contains the name of the defendant B as the borrower and the name of the defendant B, and the seal of the defendant B is affixed next to the document. However, since the defendant B denies all the above writing and the seal, the authenticity of the document should be recognized first, and the plaintiff is also the person who stated the name of the defendant B, not the defendant B, but the defendant C.