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. Facts of recognition;

A. On February 7, 2003, the Plaintiff lent KRW 50,000,00 to the Defendant (hereinafter “instant loan”). At the time, the Defendant, at the time, drafted a loan certificate for the instant loan to the Plaintiff.

B. On April 12, 2005, the Defendant issued a promissory note with a face value of KRW 50,000,000 as of August 31, 2005 to secure the return of the instant loan and delivered it to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. In full view of the above facts of recognition and the purport of the entire pleadings as to the cause of the claim, insofar as the authenticity of a loan certificate and a promissory note, which is a disposal document, is recognized, the court shall recognize the existence and content of the declaration of intent in accordance with the content of the document (see Supreme Court Decision 2010Da56616, Nov. 11, 2010). As such, the Plaintiff may be deemed to have lent KRW 50,000 to the Defendant in accordance with the content of the loan certificate and promissory note.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum (amended by Presidential Decree No. 26553, Sept. 25, 2015; Presidential Decree No. 26553, Oct. 1, 2015; Presidential Decree No. 2(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., effective from Oct. 1, 2015) under Article 2(1) of the Addenda to the Regulation on Special Cases Concerning the Promotion, etc. of Legal Proceedings, Etc., which is the day following the delivery date of a copy of the instant complaint (Article 603(2) of the Civil Act).

B. As to the Defendant’s argument, the Plaintiff, the Defendant, C, and D agreed to waive all civil and criminal claims and other rights relationships formed between the public prosecutor’s office in Seoul Central District Public Prosecutor’s Office on December 2, 2004, and thus, the Plaintiff’s instant loan against the Defendant.