양수금
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. Determination as to the cause of the claim offers C with a loan certificate (Evidence A3, 4, and 5) stating that “A borrowed a total of KRW 10 million including KRW 4 million on April 7, 2008, KRW 10 million on the same month, KRW 4 million on the 11.4 million on the same month,” and C transferred the above claim to the Plaintiff on October 21, 2013, and notified the Defendant of the assignment of the claim on the same day with the content certification, and the fact that at that time arrived at the time is either a dispute between the parties or a dispute is recognized by comprehensively taking into account the overall purport of the pleadings as a whole.
According to the above facts of recognition, it is reasonable to deem that the defendant borrowed money from C. Thus, the transferee of the bond shall be liable to pay to the plaintiff 10 million won with 20% interest per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from January 30, 2014 to the date of complete payment, which is the day following the delivery date of the original copy of the payment order.
[Defendant asserts that, although it is true that he prepared and issued a loan certificate to C, he did not actually borrow money. As seen earlier, it is reasonable to interpret the loan certificate in accordance with the language and text of the loan certificate, so long as the Defendant stated in the loan certificate that “the Defendant borrowed KRW 10 million from C three times over,” and the statement in subparagraph 1 alone is insufficient to reverse the contents of the loan certificate. The Defendant’s claim in this case cannot be accepted. 2. Conclusion, the Plaintiff’s claim in this case is justified as it is reasonable, and the judgment of the first instance court is dismissed as it is without merit.