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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 July 19, 2017, the Plaintiff drafted a monetary loan agreement between the Defendant and the Plaintiff on a yearly interest of KRW 10,000,000 with a maturity of 24% and January 18, 2018 (hereinafter “instant loan agreement”). On the same day, the Plaintiff transferred KRW 10,000,000 to the Defendant’s account.
B. C is the husband of the Plaintiff, and D is the mother of the Defendant.
On November 15, 2017, KRW 10,000 has been transferred from D account to C’s account.
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, 3, Eul evidence 2, the purport of the whole pleadings
2. The assertion and judgment
A. 1) The party’s assertion as to the cause of claim 1) The plaintiff prepared the loan agreement in this case with the defendant, and accordingly lent the above money from the plaintiff’s account to the defendant’s account. As such, the defendant asserts that the defendant is liable to pay the plaintiff 10 million won and damages for delay to the plaintiff. The defendant borrowed 10 million won from the plaintiff’s husband C on July 19, 2017 only borrowed 10 million won from the plaintiff’s husband and did not borrow the above money from the plaintiff. At the time, the loan contract in this case contains only the loan amount, the personal information of the defendant and the joint guarantor, and the creditor was written in public space. Thus, if the authenticity of the decision document in this case is acknowledged, the court should, in principle, recognize the existence of the party’s declaration of intent and its contents as stated in the contract document, and if the parties’ genuine intent and purpose are expressed in the contract’s interpretation, the parties’ genuine intent and purpose are expressed in the agreement.