약정금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The plaintiff's assertion made a loan to the defendant by September 20, 2004. The defendant agreed on the same day to pay the above KRW 33.5 million to the plaintiff by December 31, 2005 and to pay interest at the rate of 17.91% per month. Thus, the defendant is liable to pay to the plaintiff 3.5 million, interest and delay damages with the return of the loan or the agreed amount.
2. Of the evidence No. 1-2 of the judgment No. 1-2, the part claimed by the plaintiff as the part in the defendant's name (the defendant's name is indicated as "B" or "D") cannot be admitted as evidence because there is no evidence to prove the authenticity (the plaintiff asserted that the plaintiff confirmed the defendant's name to C in the joint location of the plaintiff, the plaintiff's spouse E, the defendant, and the defendant's spouse, but there is no evidence to prove the above facts), and the statement No. 1-1 of the evidence No. 1-2 is insufficient to recognize that the defendant borrowed from the plaintiff and agreed to pay the plaintiff KRW 3.5 million to the plaintiff, and there is no other evidence to prove the fact that the plaintiff
3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.