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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s introduction of C, which the Plaintiff was aware of the cause of the claim, set forth and lent KRW 15 million to the Defendant on January 15, 2007, with the maturity of January 15, 2008 and interest rate of 2%, and C guarantees the Defendant’s obligation to provide a loan to the Plaintiff. At the time, the Defendant issued a registration certificate of real estate rights to the Plaintiff as a collateral to the Plaintiff is recognized if the purport of the entire pleadings is added to the statement of evidence No. 1 and the testimony of the witness at the trial, and barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 24% per annum, which is the agreement of the Plaintiff from May 15, 2013 to the date of full payment.
The defendant asserts that the loan is KRW 10 million, interest rate of KRW 17,00,000, and KRW 3% per month, but the defendant does not dispute the fact that the defendant's name, resident registration number, and address are written in the loan certificate (Evidence A (Evidence A (No. 1) and the seal is affixed. Thus, the authenticity of the above loan certificate is presumed to be established, and the defendant borrowed KRW 15,00,00 from the plaintiff on January 15, 2007 and borrowed KRW 2% per month). The judgment on the defendant's defense, etc. on February 1, 200
A. As to this, the Defendant’s defense that the loan amounted to KRW 10 million and that the loan amount was fully repaid, the Defendant stated to the effect that the Defendant would make a total of KRW 10 million,00,000,000 to C in three times around April 2008, and request the Plaintiff to repay the loan amount. The Defendant received a return of the registration certificate issued by the Defendant by the Plaintiff through C, but the fact that the Plaintiff’s loan principal to the Defendant was 15,00,000,000 won is recognized as above, and the Defendant’s testimony and the entire argument of the witness C in the trial as a whole.