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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. Facts of recognition;
A. On December 29, 2017, the Defendant entered the creditor as the Plaintiff and issued the Plaintiff a certificate of borrowing (hereinafter “the instant certificate of borrowing”) stating that “The debtor B needs to settle the cost of on-site management services in North Daegu-gu Seoul Metropolitan City on December 29, 2018, the Defendant: (a) issued the Defendant’s certificate of the personal seal impression issued on September 22, 2017, to verify that the creditor was paid KRW 200,000,000. The date of payment is December 29, 2017; (b) the date of payment; and (c) three months from the date of payment of principal; and (d) the Defendant’s certificate of the personal seal impression issued on September 22, 2017.
B. On December 29, 2017, the Plaintiff remitted total of KRW 200,000,000 to the Defendant’s Daegu Bank Account (D).
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, it can be acknowledged that the Plaintiff loaned KRW 200,000 to the Defendant for three months from December 29, 2017, namely, as of March 29, 2018, and as of March 29, 2018, and as of March 29, 2018, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of five percent per annum as stipulated in the Civil Act from March 30, 2018 to July 30, 2019, the delivery date of the instant payment order, as of March 30, 2018, and as of the next day, 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
B. As to this, the Defendant: (a) prepared and delivered the instant loan certificate to the effect that, on April 12, 2017 and September 26, 2017, the Plaintiff lent KRW 200,000,000 to the Plaintiff on two occasions on December 29, 2017; and (b) received the repayment on December 29, 2017, and confirmed the repayment of the loan as above; and (c) asserted that the delivery of the instant loan certificate is null and void as a false conspiracy.
Sheet, each entry of Eul Nos. 4, 6, 7 through 10 (including branch numbers, if any) and part of witness E.