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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion is between the plaintiff and the defendant, who entered Japan and stayed in the house of the plaintiff and his/her children, and around February 2015, the plaintiff brought business funds from the plaintiff under the pretext that it is necessary to purchase land, such as Jeju City, and to build a house for all of the plaintiff, and the plaintiff was in charge of surveying land and building permission, and was granted building permission by the plaintiff's efforts.
Accordingly, around June 2016, the Defendant promised the Plaintiff to pay the aforementioned business funds to the Plaintiff at one unit of all houses within the meaning of compensation for the Plaintiff’s efforts, and the Defendant prepared a loan certificate (No. 1; hereinafter “the loan certificate of this case”) within the meaning of clarifying such a promise.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 500 million with the agreed amount based on the instant loan certificate.
2. Determination
A. In a case where it is recognized that the signature of the person who prepared the document in which the authenticity of the loan certificate of this case was made is present by the person who prepared the document, barring special circumstances (Article 358 of the Civil Procedure Act), the authenticity of the entire document is presumed presumed to have been established, barring special circumstances (Article 358 of the Civil Procedure Act). However, this is limited to the signature of the person who prepared the document in blank, and in a case of a document filled by a person who is not the person who prepared the document in blank after being issued the document in blank, the person who prepared the document shall be bound to prove the fact that the content of the document is based on a legitimate title delegated by the person who prepared the document, and such legal
(See Supreme Court Decision 9Da37009 delivered on June 9, 2000, regarding the document on which the seal of the holder of the title deed is affixed. In the case of the loan certificate of this case, two of the defendants' signatures in the middle and bottom part thereof are made by the defendant.