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1. The part against Defendant B in the judgment of the first instance shall be revoked;
2. Defendant B’s KRW 3,000,000 and this shall apply to the Plaintiff.
Reasons
1. The Plaintiff asserted that the Plaintiff lent KRW 6,000,000 to Defendant B on August 18, 2008, and KRW 6,000,000 on October 28, 201 to Defendant D, and Defendant E on July 28, 201. However, the Plaintiff was not repaid, and the Defendants are obligated to pay each of the above loans and damages for delay.
2. Determination
A. As to the claim against Defendant B, there is no dispute between the parties that the Defendant signed the part in Defendant B’s name, and thus, the authenticity of the entire document is presumed to have been established. In full view of each of the arguments in the following: (a) evidence Nos. 1 and 8 (a) (a) as to the claim against Defendant B, the Plaintiff asserted that the Plaintiff forged the above loan certificate by using the name, resident registration number, and address in the employment application form, which is not the above loan certificate, but the above loan certificate, but there is no evidence to acknowledge it; (b) around August 18, 2008, the Plaintiff lent KRW 3,000,000 to Defendant B.
According to the above facts, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 20% per annum from May 21, 2014 to the day of full payment, which is the day following the delivery date of a copy of the complaint of this case.
B. According to the judgment as to the claim against Defendant D, the Plaintiff’s transfer of KRW 6,00,000 to Defendant D’s account on October 28, 2010, but it is not sufficient to recognize that the above fact of recognition and the statement of evidence No. 9 alone have lent KRW 6,00,00 to the above Defendant, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion against the above Defendant is without merit.
C. According to the judgment on the claim against Defendant E, the Plaintiff is deemed to have remitted KRW 5,00,000 to the Defendant E’s account on July 28, 2011, but the Plaintiff is deemed to have transferred KRW 5,00,000 to the Defendant E’s account on July 28, 201, on the sole basis of the above facts of recognition and the statement of No. 10,000,000.