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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. On October 2, 2008, the plaintiff alleged that he lent KRW 20 million to the defendant by means of transferring the amount of KRW 20 million to an enterprise bank deposit account in the name of the defendant C as designated by the defendant on October 2, 2008, and claimed against the defendant for payment of the above KRW 20 million and damages for delay. The defendant asserted that the person who borrowed KRW 20 million from the plaintiff is not the defendant but C.
2. Determination as to the cause of claim
A. The existence and content of an expression of intent in accordance with the content of the document must be recognized, unless there is clear and acceptable counter-proof that the content of the document is denied, in a case where the document is deemed to have been authentic.
In addition, there are no special restrictions on the method of proving the authenticity of private documents, but the method of proof must be reliable.
(Supreme Court Decision 2014Da45317 Decided November 26, 2015, etc.). B.
On October 2, 2008, the Plaintiff transferred KRW 20 million to a company bank bank deposit account in the name of C. The loan certificate (hereinafter “the loan certificate of this case”) drafted at the time stated as follows: “The Plaintiff’s transfer of KRW 20 million to the company bank CD (hereinafter omitted) 20,000,000,000 won in loan B B on October 2, 2008; and the Plaintiff filed a lawsuit against C on the claim for loan amounting to KRW 2015,000,000 in the loan certificate of this case (hereinafter “the loan certificate of this case”); the Defendant appeared as a witness and stated as “B B,20,000,000 won in the loan certificate of this case (hereinafter “the loan certificate of this case”) or there is no dispute between the parties or the purport of each of subparagraphs 1 through 3, 2008 as a whole.
C. The Defendant directly signed the loan certificate of this case and stated the following phrase, and the amount of KRW 20 million and the facts up to October 2, 2008, which are the borrowing date, are as seen earlier. Thus, the authenticity of the loan certificate of this case is presumed to have been established.