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1. All appeals by the Defendants against the Plaintiff are dismissed.
2. The costs of appeal are assessed against the Defendants.
purport.
Reasons
1. Basic facts
A. The Defendants were married couple who completed the marriage report on February 1, 2011, and the Plaintiff was employed as an employee of the restaurant operated by Defendant B.
1. Name B of the debtor;
2. Name A of the creditor;
3. The above obligor’s name E shall borrow from the obligee a total sum of KRW 1,00,000.
The money borrowed will be paid immediately by the debtor from the building owner of the G cafeteria in the Dong-gu, which was the former funeral. If the debtor has failed to pay the money, I will have to pay the money in lieu of her husband E.
B. On June 9, 2014, the Defendants drafted a loan certificate with the following content (hereinafter “the instant loan certificate”) to the Plaintiff.
C. On July 21, 2014, Defendant C sent text messages to the Plaintiff, and the Plaintiff sent the account number of H bank in the name of the Plaintiff to Defendant C.
From July 21, 2014 to May 23, 2016, Defendant C remitted each of the KRW 15,000,000 to the Plaintiff’s above account, respectively, from July 21, 2014 to May 23, 2016. On December 5, 2014, Defendant C remitted each of KRW 15,000,000, and KRW 500,000 to the Plaintiff, respectively, and paid each of the KRW 38,50,000 to the Plaintiff.
D. On January 11, 2017, Defendant C filed a lawsuit seeking divorce and designation of a person with parental authority against Defendant B (the Changwon District Court 2017ddan50086), and on May 12, 2017, the mediation was concluded with the purport that the Defendants are divorced, and Defendant C filed a divorce report on June 5, 2017.
[Ground of recognition] Facts without dispute, Gap's 1 to 3, 11, Eul's 3, the purport of the whole pleadings
2. The assertion and judgment
A. As to the Defendants’ assertion on the establishment of the authenticity of the instant loan certificate, Defendant B asserted that Defendant B written the instant loan certificate (Evidence A No. 1) in writing is due to the intimidation and coercion of the Plaintiff and the Plaintiff’s discount. However, there is no evidence to acknowledge this, Defendant B’s above assertion is without merit. Defendant C indicated in the instant loan certificate (Evidence A).