The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Determination as to the cause of claim

A. Although the Defendant asserts that the Defendant did not have prepared the certificate No. 1 (hereinafter “the instant loan certificate”) and that the statement and signature were forged, according to the appraisal results and the overall purport of the pleadings by the appraiser C of the first instance trial, the Defendant borrowed KRW 3,807,100 from the statement to July 8, 201. The Defendant (resident registration number) and (Signature) can be recognized as the Defendant’s writing.

B. The existence of the declaration of intent indicated in the above part of the loan certificate of this case, which is a disposal document, the authenticity of which is recognized as the authenticity, and the existence of the content of the legal act should be recognized, barring any special circumstances that make it clear and acceptable.

(2) In light of the legal principles as seen earlier, it is reasonable to view that the Defendant agreed to pay KRW 3,807,100 to the Plaintiff on July 8, 2011 with the loan certificate of this case, and that the Plaintiff paid KRW 1,00,000 to the Plaintiff on August 26, 2010, and that the Plaintiff paid KRW 356,570 on September 30, 2010 instead of the Defendant’s premium of KRW 356,570. In light of the legal principles as seen earlier, it is deemed that there was money transaction between the Plaintiff and the Defendant around the time the loan certificate of this case was prepared. Further, considering these circumstances, it is reasonable to view that the Defendant agreed to pay KRW 3,807,100 to the Plaintiff by preparing the loan certificate of this case, and it is difficult to deem otherwise solely on the basis of the evidence Nos. 5 through 8.

C. Therefore, the Defendant, as requested by the Plaintiff within the loan borrowed amount of the instant loan certificate, shall have 3,607,100 won and 5% per annum as prescribed by the Civil Act from July 9, 2011 to November 15, 2017, which is the day following the date on which the instant loan certificate was due, and from the next day to May 31, 2019, as prescribed by the Presidential Decree concerning the statutory interest rate under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings and the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until May 21, 2019.