1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. The reasons why the court should explain this case are the same as the part of the reasoning of the judgment of the first instance except for the plaintiff's additional statement concerning the matters alleged in the trial as set forth below. Thus, it shall accept this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Additional Matters] The Plaintiff prepared to the Defendant a certificate of 4 million won loan (Evidence Nos. 6 and 7) on the condition that the Plaintiff returned the lease deposit and the premium transferred to the Defendant, but the Defendant did not return the lease deposit and the premium to the Plaintiff again, and accordingly, asserts that the obligation based on the above certificate of loan becomes null and void due to non-performance of the condition.

However, there is no evidence to acknowledge the fact that the Plaintiff prepared the above 4 million won loan certificate on condition that the Plaintiff returned the lease deposit claim and the premium transferred to the Defendant, and the disposal document must recognize the existence of a legal act, unless there is any special circumstance that denies the existence and content of the expression of intent indicated in the document where the authenticity is recognized (see, e.g., Supreme Court Decision 2000Da38602, Oct. 13, 200). Since there is no special circumstance that denies the contents of the loan certificate (No. 6 and No. 7) which is a disposal document where the authenticity is recognized, the Plaintiff’s above assertion is groundless.

2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.