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1. The Defendant’s KRW 250,000,000 and its amount shall be 15% per annum from July 5, 2018 to May 31, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. On June 2, 2015, the Plaintiff was the mother of the Defendant, and on June 2, 2015, the Defendant completed the report of marriage with C, his father and wife.
B. On January 27, 2017, the Plaintiff entered into a lease agreement with F to use the deposit amount of KRW 770,000,000 as the deposit with F as the down payment, and agreed to receive KRW 77,00,000 as the down payment on January 17, 2017, KRW 50,000,000 on January 27, 2017, and KRW 22,000,000,000 on January 31, 2017, respectively, and paid KRW 693,00,000 on January 22, 2017.
C. On January 27, 2017, the Plaintiff remitted total of KRW 250,00,000 to the Defendant, including KRW 22,000,000,000 on January 31, 2017, and KRW 175,000,000 on February 24, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3, 5, and 6 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Plaintiff asserted that: (a) from January 27, 2017 to February 24, 2017, the Plaintiff leased KRW 250,000,000 to the Defendant, without interest agreement, for the purpose of operating expenses of the restaurant operated by the Defendant; (b) on May 24, 2017, the Plaintiff leased the Defendant at the maturity of payment; (c) on January 2, 2018, the Defendant failed to repay the loan at the maturity of payment; and (d) on January 2, 2018, the Plaintiff received a loan certificate (hereinafter “the instant loan certificate”).
Accordingly, the Plaintiff seeks the payment of the above loan 250,000,000 won and damages for delay to the Defendant.
B. The defendant's assertion that he did not borrow KRW 250,000,000 from the plaintiff, but only received a marriage loan, and there is no fact that the loan certificate of this case was prepared.
3. Determination
(a) Where it is recognized that the seal affixed to a document is the seal affixed to it by the seal affixed to the name of the person in whose name the document is affixed, the establishment of the seal affixed shall be presumed to have been made based on the will of the person in whose name the document is written, and once the authenticity of the seal is presumed to have been made, the authenticity of the document