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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. Comprehensively taking account of the overall purport of the pleadings in the written evidence No. 1 (such as a car certificate, a copy, the same as the original, and the fact that the original was written by the Defendant is not denied) of the judgment on the cause of the claim, the Plaintiff is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20 million won per annum from February 6, 201 to the day of complete payment, which is stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, since the Plaintiff leased KRW 200 million to the Defendant on June 1, 2011, barring any special circumstance.
2. Judgment on the defendant's assertion
A. As to this, the defendant first asserts that the above KRW 200 million is a donation made by the plaintiff in order to prepare apartment houses to be residing together by the defendant and his/her father. However, if the defendant's death, etc. occurs, it is only that the lease deposit is prepared in the form to prevent the defendant from being inherited to his/her husband before his/her father's death or divorce. Accordingly, the plaintiff's return of the original loan certificate to the defendant, thereby supporting this fact.
On the other hand, although there is no dispute between the parties as to the facts that the plaintiff did not possess the original copy of the loan certificate (Evidence A No. 1), it is insufficient to recognize the defendant's above assertion on the basis of such facts only, and there is no other evidence to acknowledge it, and the defendant's above assertion is limited to KRW 160 million, although the amount is limited to KRW 160,000,000, it is difficult to accept as it is contrary to the confession by the court of the first instance which recognized the fact of borrowing it (the defendant's assertion that such confession is contrary to the truth and by mistake, but there is no evidence to acknowledge
(b) furthermore;