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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. Date and time of recognition: 1,000,000 won on October 23, 2007, 2000 won on December 7, 2007; 1,000,000 won on December 27, 2007; and 10,000,000 won on December 27, 2007; and
A. In around 2007, the Plaintiff paid the Defendant a total of KRW 10,000,000 as follows.
B. On December 20, 2007, the Defendant prepared a cash loan certificate (hereinafter “this case’s loan certificate”) with the purport that “10,000,000 won is borrowed from the Plaintiff and repaid the principal by May 1, 2010.”
C. Meanwhile, on September 26, 2017, the Defendant’s decision became final and conclusive on October 11, 2017 upon obtaining a decision to grant immunity (hereinafter “instant decision to grant immunity”) from the Jeonju District Court Decision 201Da391 (hereinafter “instant decision to grant immunity”).
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, and Eul No. 2 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The assertion and judgment
A. As long as the establishment of a disposition document as to the cause of the claim is recognized to be genuine, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable counter-proof that denies the contents of the statement.
(See Supreme Court Decision 2002Da6753 Decided June 11, 2002, etc.). The plaintiff paid KRW 10,000,000 to the defendant around 2007, and the defendant prepared the loan certificate of this case to the effect that he borrowed KRW 10,000,000 from the plaintiff on December 20, 207. Since there is no dispute between the parties, the plaintiff lent KRW 10,000,00 to the defendant around 207.
Therefore, the Defendant is obligated to pay to the Plaintiff 10,000,000 won with 5% per annum as stipulated by the Civil Act from May 2, 2010 to January 23, 2018, the delivery date of the original copy of the instant payment order, and 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment.
B. The defendant's assertion