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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. In full view of the overall purport of the pleadings, the judgment as to the cause of the claim Gap (the defendant denies the authenticity thereof, but the document prepared and delivered by the defendant, as seen thereafter, is recognized) and the written evidence No. 1 and No. 2, the defendant, on November 12, 2012, prepared a cash custody certificate stating that the plaintiff shall immediately return the full amount, and the plaintiff shall immediately return the full amount. The plaintiff, on November 13, 2012, may recognize the fact that he remitted KRW 9,00,000 to the defendant on November 13, 2012.
Thus, the defendant is obligated to pay to the plaintiff 13,60,000 won and damages for delay calculated at the rate of 20% per annum from February 20, 2014 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.
2. On the judgment of the defendant's assertion, the defendant requested the plaintiff to purchase the above 3,00,000 shares of the Ethae Korea Co., Ltd. and transferred the purchase price to the plaintiff. At that time, although the defendant stated his personal information in blank and delivered it to the plaintiff, the defendant did not prepare and deliver a cash custody certificate, such as the evidence No. 1, and the defendant actually paid 3,000 shares of the above company to the plaintiff on November 14, 2012, and therefore the defendant did not have any obligation to return the above money to the plaintiff.
However, in full view of the above evidence and the statements in Gap evidence Nos. 4, 5, 6, 7, and Eul evidence No. 1, it is reasonable to view that the defendant, by himself, prepared the cash custody certificate of this case to the plaintiff and provided the shares of the Ethel Korea Co., Ltd. for the purpose of collateral security.
Therefore, the defendant's above assertion is not accepted.
(1) The Defendant entered his personal information into a large letter in blank’s central part, and the Plaintiff entered the same word by means of copying it.