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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion was that the Defendant borrowed KRW 100 million from the Plaintiff on August 20, 2010 (hereinafter “the instant money”) and prepared cash borrowed money (Evidence A, hereinafter “the instant loan certificate”). The instant money is a loan ( prime assertion), and even if the instant money is not a loan, the Defendant agreed to pay KRW 100 million to the Plaintiff and prepared the instant loan certificate.
(Preliminary argument). (b)
Judgment
1. First, according to the statement of Gap evidence No. 1 as to the character of the instant money, it is recognized that the defendant prepared the loan certificate of this case with the purport that "the defendant will borrow KRW 100 million from the plaintiff and repay it until October 20, 2010" on August 20, 2010 and delivered it to the plaintiff.
However, considering the following circumstances, it is reasonable to view the instant money as an agreed amount, not a loan, in full view of the witness C’s testimony and the purport of the entire pleadings.
① The loan certificate of this case was ex post facto prepared between the Plaintiff’s East-born D and the Defendant in a state of traffic accident.
D was present at this court as a witness and stated to the effect that “the document of the Plaintiff was found to be subsequent to the Defendant and the Defendant was prepared with the loan certificate of this case.” However, the loan certificate, etc. prepared before between the Plaintiff and the Defendant was not submitted, and there was no objective data to confirm the fact that the money of this case was issued to the Defendant.
② While denying the Plaintiff’s claim for loans, the Defendant asserted that the Plaintiff and E had a dispute over the investment amount and earnings while operating the oil station business, and that the Plaintiff was liable for the damage incurred to the Defendant who introduced E. As such, the Defendant drafted the instant loan certificate.
a witness to this court.