beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. The Defendant requested the Plaintiff to recover the Defendant’s ground and to lend funds necessary for performing his duties to the Plaintiff. On June 27, 2014, the Plaintiff paid KRW 20,000,000 on behalf of the Defendant to C who was in charge of performing the duties of searching the ground on behalf of the Defendant.
The above money was used as office rent expenses, office house purchase expenses, and C/D's salary, who is a person in charge of the work, to find the land on the ground.
B. Since then, the Defendant requested the Plaintiff to lend funds necessary for the purchase of equipment, etc. in relation to the collection of forest products in his/her own forest. On August 28, 2014, the Plaintiff paid KRW 5,000,000 on behalf of the Defendant to E who was engaged in the work of collecting forest products.
C. On August 28, 2014, F drafted, on August 28, 2014, the Plaintiff’s office was sought, and on August 28, 2014, the Defendant borrowed KRW 25,000,000 from the Plaintiff, and the Defendant received KRW 25,00,000 from the Plaintiff (hereinafter “the instant receipt”) respectively. The Defendant issued the said receipt and receipt with his/her seal affixed thereon.
Meanwhile, the Defendant filed a complaint against the Plaintiff on charges of attempted fraud, violation of the Attorney-at-Law Act, and fabrication of private documents. However, on September 28, 2018, the Sungnam Branch of the Suwon District Prosecutors' Office issued a non-prosecution disposition against the Plaintiff on charges of attempted fraud, violation of the Attorney-at-Law Act, and violation of the Attorney-at-Law Act on February 14, 2019.
[Ground of recognition] Evidence Nos. 1 through 5 (Evidence Nos. 1 and 2) and the purport of the whole arguments and arguments as follows: The defendant's defense that F, upon the plaintiff's instruction, affixed a seal without permission is not accepted as follows: Gap's evidence Nos. 7, 8, Eul's evidence Nos. 1 and 3
2. Determination: