Text
1.The judgment of the first instance shall be modified as follows:
The Defendant, as the Plaintiff
(a) 3,100,000 Won and its attached Form;
Reasons
1. Basic facts
A. On January 15, 2012, the Defendant prepared and issued to the Plaintiff a loan certificate stating that “The principal principal was borrowed from A, and KRW 100,000,000 per month from February 11, 2012, the Defendant will pay to the Plaintiff.”
(hereinafter referred to as “the instant loan certificate,” and the repayment agreement based on this is called “the instant agreement.” (b)
The Plaintiff received KRW 1,200,000 from the Defendant after preparing the instant loan certificate.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion is obligated to pay to the Plaintiff the remainder of KRW 18,800,000,000, excluding the amount of KRW 1,200,000 that was already paid to the Plaintiff according to the instant agreement, as the Defendant did not prepare a loan certificate from around 2002 to 205 and lent the amount of KRW 20,000 in cash to the Defendant or by directly reporting the cash.
B. Defendant’s assertion 1) did not have borrowed money from the Plaintiff. However, the Plaintiff prepared a loan certificate to the effect that the Plaintiff would help the Plaintiff to find and deliver, and to prepare the loan certificate, and the Defendant paid KRW 1,200,000 per month thereafter, and the Defendant’s payment to the Plaintiff is merely the Defendant’s payment to the Plaintiff. Therefore, the instant loan certificate was prepared formally at the Plaintiff’s request without any obligation, and is null and void as it constitutes a false declaration of conspiracy. 2) Even if there was a debt stated in the instant loan certificate for domestic affairs, the Defendant paid KRW 3,200,000 to the Plaintiff.
3. In addition, since the Defendant did not agree on the loss of interest with the Plaintiff when preparing the instant loan certificate, the period of repayment after October 2015.