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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. On April 30, 2012, the Plaintiff determined and lent KRW 30,000,000 to the Defendant on April 30, 2012 as the due date for reimbursement on April 30, 2014.
[Ground of recognition] Gap evidence Nos. 1 and the purport of the whole pleadings [this ground for recognition] was that the defendant borrowed approximately 30,000,000 won from the plaintiff before 10 years prior to the preparation of Gap evidence No. 1, and the above money paid KRW 25,00,000 among the above money remains. The plaintiff demanded prompt re-preparation because the plaintiff did not have any loan certificate related to the above borrowed money, Gap evidence No. 1 was prepared, and in fact there was no fact of borrowing KRW 30,00,000 on April 30, 2012. The court shall recognize the existence and contents of the plaintiff's expression of intent as stated in the disposition document unless it is clear and acceptable after 10 years prior to the conclusion of the disposition document No. 30,000, 2000 won, C. 206, 2005, 300,3000,000 won as stated in the plaintiff's statement since the above disposition document.
4. Although it is recognized that the Plaintiff paid KRW 25,00,000 out of the above borrowed money to the Plaintiff, the following circumstances acknowledged by each of the above evidence are satisfied, and ① on February 20, 2006, the Plaintiff borrowed KRW 30,000,000 from the Plaintiff is the husband of the Defendant, and the Plaintiff is also the husband of the Defendant, and even the Plaintiff is the preparing title C, it is difficult to accept the Plaintiff’s assertion that the Plaintiff lost the evidence No. 2, but the Plaintiff prepared and issued the evidence No. 1 in the name of the Defendant to claim that the Plaintiff lost the evidence No. 2, and ② According to the Defendant’s assertion, even if the Plaintiff was already paid KRW 25,00,00 among the borrowed money as provided in the evidence No. 2, at the time of preparing the evidence No. 1, it is difficult to accept the Defendant’s assertion.