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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. Basic facts
A. On October 27, 2014, the Defendant drafted and submitted the instant loan certificate (Evidence A 1) containing the purport that the Plaintiff would borrow KRW 200 million from the Plaintiff and repay it until December 31, 2015. The Plaintiff paid KRW 200 million on the same day to the Defendant’s bank account. After that, the Plaintiff extended the payment period until June 30, 2016.
B. On June 30, 2016, the Defendant deposited KRW 100 million with the Plaintiff as the principal deposit, and the Plaintiff received the said deposit on July 26, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2, Eul evidence 3-3, the purport of the whole pleadings
2. The gist of the parties’ assertion asserts that the Plaintiff lent KRW 200 million to the Defendant based on the instant loan certificate, and sought payment of the outstanding loan KRW 100 million and the delayed payment damages, the Defendant asserted that the Defendant: (a) borrowed KRW 100 million respectively from the Plaintiff and the Defendant prepared only the loan certificate in the name of the Defendant; and (b) the Defendant actually repaid all the borrowed KRW 100 million, and thus, did not bear the obligation to pay the loan to the Plaintiff.
3. The key issue of the instant case is whether the Defendant solely borrowed KRW 200 million from the Plaintiff or whether the Defendant and C respectively borrow KRW 100 million.
According to the statement No. 3-4 of the evidence No. 3-4 and the testimony of the witness C of the trial of the party, C is close to the Plaintiff and the defendant, who is a partner of C, and the defendant and C lack of business funds to change the type of business for the change of the type of the business. On October 26, 2014, the plaintiff and the defendant request the plaintiff to lend KRW 200 million, respectively, by explaining that there is a lack of new funds to the effect that C and the defendant need money of KRW 100 million, while lending money to the plaintiff and preparing a loan certificate on the following day.