1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

The plaintiff's assertion as to the cause of claim made a loan on April 5, 2007 with the rate of 25% per annum set by the agreement and the rate of 70 million won on October 5, 2007. Thus, the defendant is obligated to pay to the plaintiff the amount calculated by the agreement rate of 25% per annum from April 6, 2007 to the date of full payment.

Judgment

There is no dispute between the original defendant with respect to the identity of the original defendant's seal on the evidence admissibility of Gap evidence No. 1 (cash custody certificate) in the instant cash custody certificate, and thus the authenticity of the entire document is presumed to be established, barring any special circumstance

The defendant's defense that the seal was stolen, but there is no evidence to acknowledge it, and the defendant's defense is without merit.

Next, the defendant entrusted the plaintiff and C with the preparation of a cash custody certificate of KRW 2 million, and there is a defense that the cash custody certificate was unfairly supplemented by the amount of KRW 70 million.

In light of the following circumstances acknowledged by the witness C’s testimony, the result of the written appraisal of appraiser D of this court, and the purport of the entire pleadings, i.e., ① the Plaintiff’s assertion that it was made by Dal million won as stated in the upper part of the cash custody certificate of this case or “70,000,000 won” as stated in the upper part of the cash custody certificate of this case, but according to the above written appraisal, the author’s and the guarantor’s column were different from each other. ② The witness did not state the amount of “70 million won” in the cash custody certificate of this case, and, in light of the fact that “C has guaranteed that it guaranteed that it was 2 million won,” the presumption of the authenticity of the above document was destroyed by the signature and seal of C and the Defendant.

If so, the defendant is out of 70 million won in the amount column of the cash custody certificate of this case.