beta
Text
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On December 13, 2013, the Plaintiff drafted a loan certificate with the Defendant (the bottom of the pertinent part below is not the instant loan certificate, but the Plaintiff asserts that the additional statement was made on March 10, 2014) as follows, and thereafter, added the following bottom to the loan certificate:
(hereinafter referred to as "the loan certificate of this case". The name of December 3, 2013: B resident: (The defendant's resident registration number is stated) address: The amount of KRW 5,800,000 in Nam-gu Incheon Metropolitan City (the defendant's own signature) 3/101,200,000; December 13, 2013.
B. From June 9, 2017, the Plaintiff sent text messages, without specifying the amount to the Defendant, to urge the Defendant to repay his/her debts over several occasions. On February 23, 2018, the Plaintiff sent a copy of the instant loan receipt to the Defendant by sending text messages to the same person, and the Defendant received the same day.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. Determination on the cause of the claim 1: (a) The Plaintiff arranged the details of each loan made by the Plaintiff to the Defendant several times prior to the preparation of the loan certificate of this case; (b) around December 13, 2013, the Plaintiff agreed with the Defendant on a total of KRW 5,800,000,000 for the Plaintiff’s loan to the Defendant incurred by the same day; and (c) drafted the instant loan certificate and received it from the Defendant; (d) around March 10, 2014, the Plaintiff met the Defendant, and (e) around March 10, 2014, after drawing up the loan certificate of this case, the Plaintiff collected the additional loan from the Defendant and added “3/101,20,000,000 for the loan certificate of this case to the Defendant,” and then the Defendant signed on the loan of this case to the Defendant.