1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 20% per annum from November 22, 2016 to the day of full payment.

1. Basic facts

A. On November 3, 2016 and on November 21, 2016, the Plaintiff transferred KRW 20 million, totaling KRW 40 million to the Defendant.

B. On September 2017, the Plaintiff drafted a monetary lending contract stating “the Plaintiff, the borrower, the Defendant, the borrower, the loan date of November 21, 2016, the loan amount of KRW 40 million per annum, interest rate of KRW 20% per annum, and the due date of repayment on November 21, 2016” (hereinafter “the instant loan certificate”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. The defendant asserts to the effect that the authenticity of the loan certificate of this case was affirmed because the defendant did not borrow KRW 40 million from the plaintiff, but did not inevitably bring about the plaintiff to the plaintiff by entering a formal loan contract. Thus, the defendant's act of sealing the defendant's seal is not based on the defendant's intention, which is the name of the defendant, and thus the presumption of the authenticity of the loan certificate of this case is broken.

In this case, there is no dispute between the parties that the defendant's seal on the loan certificate of this case was affixed with the seal of the defendant.

If the authenticity of the seal imprinted by the holder of a title deed affixed on a private document is withdrawn by his/her seal, barring special circumstances, the authenticity of the seal imprint shall be presumed to have been created, i.e., the act of affixing the seal is based on the will of the holder of the title deed, and once the authenticity of the seal is presumed to have been established, the authenticity of the entire document shall be presumed to have been established pursuant to Article 358 of the Civil Procedure Act: Provided, That since the authenticity of the seal imprints is actual presumption that the act of affixing the seal is attributable to the intent of the holder of the title deed, the presumption of the authenticity is broken if the person who disputes the authenticity of the seal imprints the document proves circumstances that the act of affixing the seal imprints according to the intention of the holder of the title deed was made (see, e.g., Supreme Court Decision 2002Da59122, Feb. 11, 2003)