beta
Text
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
Reasons
1. According to the purport of Gap's evidence No. 1 and all pleadings as to the cause of the claim, it can be acknowledged that the defendant, on December 24, 2012, prepared a loan certificate stating "I, from May 31, 2013, pay 500,000 won per month (hereinafter referred to as "the loan certificate of this case") among principal 24,00,000, and delivered it to the plaintiff. It is apparent that the above 24,000,000 won has arrived after the lapse of 48 months from May 31, 2013 agreed in the loan certificate.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 24,00,000 agreed upon in the above loan certificate and damages for delay at the rate of 15% per annum from May 29, 2018 to the date of full payment, which is the day following the day when the instant complaint was served to the Defendant.
2. Judgment on the defendant's assertion
A. The summary of the defendant's assertion was fully repaid by the defendant to the plaintiff's husband, or the plaintiff's husband declared his/her intention to discharge his/her obligation before the plaintiff's husband's birth, and the prescription expired after the completion of the period, so there is no obligation to repay to the plaintiff to the plaintiff as the plaintiff's husband or his/her heir, and the defendant merely prepared and delivered the loan certificate of this case to the plaintiff with the intent to give the plaintiff as the plaintiff's above.
B. The Defendant’s assertion is based on the assertion that the drawing up of the loan certificate of this case is invalid as a non-author’s expression of intent, and as a matter of principle, the expression of intent is valid even if the sworn knows that the sworn is not true. However, it is not effective only where the other party knew or could have known that he is not the sworn.
(Article 107 (1) of the Civil Act). The loan certificate of this case was prepared in accordance with the defendant's assertion.