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Reasons
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(영문) 대전고등법원 2020.06.11 2020나10334
부당이득반환청구 등의 소
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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On September 11, 2009, the Plaintiff borrowed KRW 150 million from the Defendant as of October 10, 2009 and as of October 10, 2009, and the Plaintiff’s son as the Plaintiff’s joint and several surety. For the payment, the Plaintiff issued a promissory note of KRW 150 million at par value, and then received the Defendant’s endorsement. 2) The Plaintiff’s son was transferred from the Defendant each of KRW 158 million on September 14, 200, and KRW 3 million on November 1, 2009.

3) On May 3, 2010, D borrowed KRW 180 million from the Defendant on July 3, 2010, with interest rate of 20% as the due date for repayment. “The Plaintiff notarized a promissory note with a face value of KRW 180 million at its face value to secure a loan certificate and a promissory note with a face value of KRW 100 million. 4) On June 30, 201, the Plaintiff newly constructed a funeral hall on the ground (hereinafter “instant funeral hall”) on the land, such as the Chungcheongnam-nam Hongsung-gun M, etc., and completed registration of preservation of ownership.

5) On July 11, 2011, the Plaintiff prepared a certificate of loan with the purport that “the Plaintiff shall receive KRW 400 million and pay interest at 2% per month until August 9, 2011. Of the above amount, the Plaintiff signed and sealed the payment, including D’s repayment.” On October 10, 2011, the Plaintiff completed the registration of creation of a neighboring mortgage with the Defendant as KRW 300 million on the instant funeral hall, part of the site, etc.

7. On October 30, 201, the Plaintiff prepared a loan certificate stating that “The amount of KRW 324 million shall be paid at a fixed rate of 2% on February 30, 2012 and 2% on interest shall be paid,” and “the repayment shall be made at a rate of KRW 192 million on February 30, 201, and the loan certificate stating that “the amount of KRW 192 million shall be paid at a rate of 1.5% on February 30, 2012 and the interest rate shall be 1.5% on interest shall be paid,” respectively, to the Defendant.

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