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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. Basic facts
A. The Defendant borrowed money from the Plaintiff on several occasions from around 2008, and guaranteed C and D’s loan obligations to the Plaintiff.
(2) On August 30, 2013, the Plaintiff settled the Defendant’s monetary obligation against the Plaintiff and drafted the amount of KRW 37.3 million (hereinafter “the instant loan claim”) and the loan certificate indicating the debtor as the Defendant (hereinafter “the instant loan certificate”).
B. (1) The Plaintiff’s financial transaction related to the instant fraternity (i) was an example of operating the number fraternity that mainly resides in Ansan-gu, Anyang-si, the Plaintiff participated in “F” (the method by which the fraternity members make monthly payments and make payments according to the set sequence; hereinafter “instant fraternity”). The said fraternity was KRW 10 million per unit, KRW 40,000 per month, and KRW 50,000 per month (in the event that the fraternity was paid in a lump sum, an increase of KRW 50,000 per month), KRW 25,000 per month, and the number of installments was 26.
(2) Around 2013 to 2014, the Defendant joined three units of accounts, including 10-day, 15-day, and 30-day, among the instant accounts, and paid KRW 7 million to the Plaintiff with 10-day and 15-day installments.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 7-11 and 7-20 [20] of the evidence No. 11 and 7-20 [the defendant's testimony of the witness G at the trial as shown above by the plaintiff's coercion although it is hard to believe that the above documents were made by the plaintiff's coercion, and there is no other evidence to acknowledge it (the defendant asserts that the unmanned of each of the above documents is not the defendant's unmanned. However, according to the evidence No. 10 (Notice of Reasons for Non-prosecution) of the above documents, according to the evidence No. 10 (Notice of Reasons for Prosecution),
In light of the purport of the entirety of the pleadings, the Defendant filed a complaint against the Plaintiff on charges of coercion, etc. regarding the preparation of the above loan certificates and promissory notes, however, the Prosecutor’s Office on December 2, 2017.