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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
Reasons
1. The parties' assertion
A. From August 5, 2008 to January 11, 2011, the Defendant lent a total of KRW 117,750,000 to the Plaintiff over 35 times. Since the Defendant repaid KRW 20,350,000 among them, the Defendant is obligated to pay the Plaintiff KRW 97,40,000 and delay damages.
B. The Defendant borrowed money from the Plaintiff by the Defendant’s guarantee through the method that the Defendant and the Defendant subscribed to the fraternity of KRW 10 million operated by the Plaintiff as the owner of a fraternity, and transferred the loan to the Defendant’s account after deducting the interest accrued therefrom, within the scope of the fraternity, the Defendant borrowed money from the Plaintiff. The Plaintiff paid the monthly deposit and paid the monthly deposit to the Plaintiff to receive the said deposit, and then settled all accounts around December 2010 by offsetting the said loan.
2. Determination
A. The defendant asserts that the defendant is not his own with respect to the unmanneds of the certificate for borrowing money (A) No. 2, and that even if he is his own, the above unmanneds are stamped on the documents in blank at the plaintiff's request in order to secure the ability of the fraternity members recruited by the defendant to pay money around 2008 or around 2010.
A private document is presumed to be authentic when the signature, seal, or seal of the principal or his agent is affixed (Article 358 of the Civil Procedure Act). In cases where it is acknowledged that the person who prepares the private document has signed, sealed, or affixed a seal on the private document in question, in other cases where such presumption is recognized, the authenticity of the entire document shall be presumed to have been established unless there are special circumstances, such as the reversal of the seal imprint, etc. with a reflective document, and in cases where the authenticity such as the seal imprint is recognized, unless there are other special circumstances, the person who prepares the document under the condition that the entire document is completed.