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1. The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:
The defendant.
Reasons
1. Basic facts
A. B as D’s called “C” died on August 29, 2015 from August 201, 2015, the F, “E,” as D’s children, led to B’s teaching place.
The plaintiff is a new person who joined B on August 23, 2007.
나. D은 2005. 6. 1. B의 포덕(布德), 수도, 교화사업 등을 목적으로 하는 사단법인인 피고를 설립하고, 피고의 대표자 이사로 취임하였다.
Since then as D dies, G was dismissed on July 31, 2017, and now H is the representative of the defendant.
[Ground of recognition] Facts without dispute, Gap evidence 6 through 10, Eul evidence 23-1, 2-2, Eul evidence 24-2, the purport of the whole pleadings
2. According to the overall purport of Gap evidence No. 1 and evidence No. 11-1 as to the cause of the claim, the plaintiff lent KRW 200 million to the defendant on Nov. 16, 2007 (hereinafter "the loan of this case"). The defendant, on May 8, 2008, requested the plaintiff to pay the loan of this case to the plaintiff on May 8, 2008, and agreed to pay interest calculated at the rate of 7.2% per annum per annum to the plaintiff.
According to the above facts of recognition, the defendant is obligated to pay the principal and interest of the loan of this case and delay damages to the plaintiff under the above agreement, unless there are special circumstances.
3. Judgment on the defendant's defense, etc.
A. The defendant asserts that the authenticity of the Letter of Payment (No. 1) is not admissible as evidence, since there is no evidence of the fact that I, written as D's agent, was D's agent, and that it is not recognized as the authenticity of the Letter of Payment.
The following circumstances, i.e., facts as seen earlier, evidence No. 1, evidence No. 1, evidence No. 2, statement No. 2-1 through No. 8, and the purport of the whole pleadings, i.e., the defendant, prior to the preparation of a payment angle.