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1. The judgment of the court of first instance is modified as follows:
(1) On January 2018, 2018, Defendant B paid KRW 20 million to the Plaintiff.
Reasons
1. (1) On August 13, 2014, the Plaintiff received a loan certificate of KRW 16.8 million and KRW 31.8 million in total from the Defendant B’s account on August 20, 2014. On November 15, 2014, the Plaintiff borrowed KRW 30 million from the Plaintiff and borrowed KRW 30 million from the Plaintiff until November 18, 2015 (hereinafter “instant primary certificate”).
(2) At the time of preparing the first certificate, Defendant B signed and sealed the said certificate as the borrower, as well as the name and resident registration number of Defendant C, who is the husband, and affixed Defendant C’s seal.
(3) On September 27, 2014, the Defendants’ ASEAN used the said 30 million won for the marriage preparations fund of the said son.
(4) On April 22, 2016, the Plaintiff deposited KRW 19.5 million into the account in the name of the company operated by the Defendants, and around that time, the Plaintiff received from Defendant B the certificate of borrowing that “Defendant B borrowed KRW 20 million from the Plaintiff, and would repay it to the Plaintiff by April 30, 2017” (hereinafter “the second certificate”).
(5) On February 2019, the Plaintiff filed a complaint against Defendant B on the charge of fraud, fabrication of private documents, and uttering of the aforesaid investigation document that “Defendant B acquired the above KRW 30 million, and exercised the part under the name of Defendant C by forging the same,” and on April 26, 2019, the Prosecutor stated that Defendant B called the husband at the time of the preparation of the above loan certificate to Defendant C and entered the name of Defendant C in the loan certificate with his permission, and that Defendant C’s statement also conforms to it.”
(6) The above facts do not conflict between the parties, or can be acknowledged according to the purport of Gap evidence Nos. 1, 2, 6-1, 2, 3, 7, 8-4, 5, 2-1, 3-2, and 3-1, 3-2, and the whole pleadings.