1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning for the court’s explanation concerning this case is as follows, and the part concerning Article 2(b) of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, it is also accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The part as to the appeal (the judgment of the defendant's assertion)

A. The plaintiff's bad faith, invalidation of false conspiracy, and the plaintiff's malicious defendant, conspired with C without actually borrowing money from C, and prepares a false statement of payment of this case. The plaintiff also knowingly received the assignment of the claim of this case from C, and therefore the plaintiff's claim is without merit.

However, barring any special circumstance, the existence and content of the declaration of intent in accordance with the content of the document should be recognized in a case where the authenticity of the document is recognized, unless there is clear and acceptable counter-proof that the content of the statement is denied (see, e.g., Supreme Court Decision 2000Da38602, Oct. 13, 200). As long as the authenticity of the statement of payment in this case is recognized, C and the defendant have legal effect in accordance with the content of the above statement of payment unless there are special circumstances between C and the defendant. However, it is insufficient to recognize that each of the statements in subparagraphs 1 through 6 in subparagraphs 1 through 6 alone has been prepared by a false declaration of intent, and there is no other evidence to

Furthermore, even if the act of preparing the letter of payment in this case constitutes false representation of conspiracy.

However, the Plaintiff entered into the instant claim assignment contract, which is a legal cause separate from C, based on the claim based on the instant payment memorandum between C and the Defendant. The Plaintiff constitutes a third party who has actually entered into a new legal interest based on the legal relationship formed externally under the instant contract, and the third party provided for in Article 108(2) of the Civil Act is presumed in good faith, barring any special circumstance, and the third party is liable to assert and prove the fact that it is bad faith.