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. According to the purport of Gap evidence Nos. 1, 2, and 3 as to the cause of the claim and the whole arguments, the plaintiff paid KRW 23,00,000 to Eul, his father, on March 12, 2012. The defendant, around March 2013, prepared a loan certificate stating that "C does not pay KRW 23,00,000,000, and it shall be paid by the defendant, and the plaintiff shall be paid to the plaintiff from April 2, 2013 to April 2, 2014 (hereinafter "the loan certificate of this case"), and delivered to the plaintiff via D, according to the above facts of recognition, C borrowed KRW 23,00,00 from D, and the defendant agreed to pay the above loan amount to the plaintiff while guaranteeing the above loan obligation of C.
Therefore, the defendant is obligated to pay to the plaintiff 23,00,000 won and damages for delay calculated at the rate of 20% per annum from May 16, 2014 to the day of full payment, which is the day following the delivery of the complaint of this case.
2. Judgment on the defendant's assertion
A. The assertion C operated the Plaintiff’s business entity called E in the name of the Plaintiff, and D was in charge of funding management. However, the amount claimed as the loan by the Plaintiff was only the amount that D transferred KRW 23,00,000 out of the construction price paid to E by Thai Shipbuilding Co., Ltd. to C under the pretext of personnel expenses, material cost, food expenses, etc., not the amount leased to C. The instant loan certificate was prepared by the Defendant at the request of D around March 2013, in the form of use to show it to the Plaintiff.
B. We examine the judgment, D’s lending KRW 23,00,00 to C on March 12, 2012 is not sufficient to acknowledge that the loan certificate of this case was made formally, solely on the result of the reply of the order to submit the financial transaction information of the Bank Nos. 1 through 5 (including serial numbers), witness D’s testimony, and Korea Standards D’s response.