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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. On September 2014, the Plaintiff and the Defendant prepared a loan certificate (hereinafter “the instant loan certificate”) with the following content, which had been engaged in money transactions several times.
The loan certificate shall prove that the above amount is regularly borrowed 52,00,000,000 won per annum, except that in principle, the interest rate of 6.5% shall be applied to the loaned by the Defendant (a seal) which is the borrower on February 8, 2014, and 13,000,000 fee of 13,000,000 interest rate of 3,00,000,000 interest rate of 3,00,000,000, 72,000,000,3/14,000,000 9/6 13,000,000,52,0002,000,000
B. After preparing the instant loan certificate, the Defendant paid KRW 3 million on December 23, 2014, and KRW 9.5 million on July 31, 2015 to the Plaintiff.
[Ground of recognition] The facts without dispute, Gap evidence No. 1 (the defendant asserts that the above document was forged or written by mistake by the plaintiff, but there is no dispute as to the part of the stamp image affixed by the defendant's name, and therefore, the authenticity of the whole document is presumed to have been established because the evidence submitted by the defendant is insufficient to acknowledge the fact that the whole document was written by forgery or mistake, and there is no other evidence to acknowledge it. Rather, according to the whole purport of the statement and oral argument, according to Gap evidence No. 6 (including stamp number), the defendant filed a complaint against the plaintiff as a suspicion of forging private document forgery, but the defendant filed a non-prosecution disposition, but the appeal was dismissed, and it is only recognized that the defendant was punished as a crime without accusation due to the above complaint, so the defendant's argument is without merit), Gap evidence No. 2, 3, 7, Eul evidence No. 2 (including serial number; hereinafter the same shall apply), and the purport
2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 52,000,000 won and damages for delay calculated at the rate of 6.5% per annum.
3. Judgment on the defendant's defense
(a)a set-off or a defense;