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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. Facts of recognition;
A. On December 12, 2013, the Defendant prepared a certificate of borrowing KRW 15,00,000 from the Plaintiff on December 21, 2013 (which appears to have been written in writing on December 21, 2013, listed in A evidence 2) that the Plaintiff borrowed on March 30, 2014, with the due date fixed for borrowing KRW 15,00,000 from the Plaintiff.
B. On December 12, 2013, the Plaintiff transferred KRW 9,000,000 to the Defendant’s bank account via C’s bank account.
From April 28, 2014 to January 27, 2015, the Defendant remitted KRW 5,900,000 to C’s account.
C. From the end of July 2016, the Defendant: (a) stated that the Plaintiff shall pay KRW 8,000,000 to the Plaintiff KRW 50,000 each day from August 1, 2016; and (b) stated that the Plaintiff shall pay KRW 50,000 each day.”
(B) written the statement. [Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 6 (if any, with a serial number), are omitted.
each entry, the purport of the whole pleading
2. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff 8,00,000 won, the loan amount of which is 8,00,000 won on the loan certificate of this case and 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day of August 2, 2016, which is the day following the due date for repayment (it is reasonable to deem that the Defendant lost the benefit of the due date on the whole amount of the loan of this case, since the Defendant did not fully repay the loan amount after the due date for payment).
B. The Defendant’s assertion 1) On December 12, 2013, the Defendant borrowed KRW 9,00,000 from the Plaintiff, and paid KRW 5,90,000,00 in cash, and KRW 2,00,000 in cash, as designated by the Plaintiff, are merely KRW 1,10,000. The Defendant’s assertion on the Defendant’s assertion was forged by means of inserting the amount, etc. on the blank document signed by the Defendant only by the Plaintiff without authority.