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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On August 20, 2004, the Defendant’s husband C prepared a loan certificate of KRW 20,000,000 (hereinafter “the first loan certificate”) to the Plaintiff. The first loan certificate states that “The amount is KRW 20,000,000,000, and the principal and interest rates are to be paid up until the loan is repaid,” and the Defendant stated the name of the Defendant at the right side of the first loan certificate and signed.
B. On March 11, 2006, the Defendant’s husband C prepared to the Plaintiff a re-preparation of the loan certificate of KRW 20,000,00 (hereinafter “second loan certificate”). The second loan certificate states that “The amount of KRW 20,000, interest of KRW 13,200,000, interest of KRW 13,200,000 in June 1996, and the interest rate of KRW 20,000 shall be calculated as the interest rate of bank from September 30, 208 to December 29, 201, the said amount shall be calculated as the interest rate of bank after the said date.” On March 11, 2006, C and the Defendant signed the name of each of them at the bottom of the second loan certificate.”
C. On January 2013, the Plaintiff filed a claim against C for payment of KRW 20,000,000 with the Seo-gu District Court Branch Decision 2013 tea194, which was based on the loan certificate No. 1, and “C shall pay to the Plaintiff KRW 20,000,000 and damages for delay.”
On February 21, 2013, service was made to C and confirmed on March 8, 2013.
Meanwhile, from the account in the name of C, to the Plaintiff’s account on April 10, 2013, KRW 100,000, KRW 100,000 on April 25, 2013, KRW 100,000 on May 28, 2013, KRW 100,000 on June 11, 2013, KRW 100,000 on July 4, 2013, KRW 00,000 on August 10, 200, KRW 600,000 on August 12, 2013, KRW 200, KRW 00.30,00 on KRW 10,00 on August 10, 200, KRW 200 on July 31, 2013, KRW 00 on the Plaintiff’s account; KRW 10,000 on September 10, 2013;