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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
purport.
Reasons
1. Comprehensively taking account of the respective descriptions of Gap evidence Nos. 1 through 7 and the overall purport of arguments as to the cause of the claim, the defendant prepared and rendered a loan certificate (Evidence No. 1) stating that "the defendant borrowed KRW 120,000,000 from the plaintiff and would return to the plaintiff until February 28, 2010" on December 30, 2009 that "the defendant borrowed KRW 120,000 from the plaintiff on January 5, 2013 and borrowed KRW 120,000 per annum from the plaintiff on January 5, 2013; the principal shall be repaid until September 30, 2013; the defendant may have paid KRW 36 per annum to the plaintiff on September 30, 209 by dividing the loan certificate (Evidence No. 4); the principal shall be repaid to the plaintiff on September 30, 201; and the defendant may have paid the money to the plaintiff and the defendant on March 28, 2019.
Considering the above facts and the actual evidence of each of the above loan certificates, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 120,000,000 with the return of the loan and damages for delay calculated at the rate of 15% per annum from October 24, 2017 to the day of full payment, as the Plaintiff seeks.
2. Judgment on the defendant's defense
A. The gist of the Defendant’s assertion is that each of the above loans that the Defendant drafted to the Plaintiff is merely a document created by false conspiracy between the Plaintiff and the Defendant in order to not obtain any unfavorable judgment in the above lawsuit while proceeding a divorce and division of property with the Defendant, who was the husband, and thus, was not subject to a judgment unfavorable to the above lawsuit.
The defendant did not borrow KRW 120,00,000 from the plaintiff, and even if the defendant expresses his/her intent to bear the debt of the borrowed amount indicated on each of the above borrowed certificates is invalid as a false declaration of agreement, the plaintiff's claim is without merit.
(b) judgment;