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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. Determination as to the cause of the claim Gap's evidence Nos. 1 through 4 (the defendant did not prepare each of the above documentary evidence, and even if the above documentary evidence was printed, it is only a document prepared after the plaintiff obtained the defendant's seal from the blank, and the authenticity of the document is formed. According to the result of the appraiser D's unmanned appraisal by the court of first instance, it is recognized that all of the above documentary evidence is by the defendant's personal seal, and the authenticity of the document is established. On the other hand, it is recognized that the above documentary evidence was signed and sealed upon the completion of the whole or part of the document, and evidence such as reasonable grounds for presumption of the authenticity as a complete document and indirect counter-proof to support it is necessary (Supreme Court Decision 2001Da11406, Apr. 11, 2003; 2001Da1406, etc.). The defendant's evidence is not accepted in full view of the purport of the whole pleadings by the court of first instance as follows.
① On December 9, 2009, the Defendant prepared a cash custody certificate (Evidence A 1) stating that “The Plaintiff borrowed KRW 7.8 million at the rate of 2.5% per month interest on December 9, 2019, KRW 600,000,000 over 13 times each month, but shall pay the entire amount in lump sum if the loan is delayed for at least one month.”
② On the same day, the Defendant prepared a loan certificate stating that “6 million won shall be borrowed with interest rate of 2.5% per month,” and “on December 17, 2009, 500,000 won shall be paid without any justifiable reason, and if the payment is in arrears for a month or longer, the payment shall be made at once.” to the Plaintiff.
According to Gap evidence Nos. 6 and 7, on September 19, 2008, the plaintiff lent 4 million won to E, who is the defendant's mother, and 2 million won on March 13, 2009.