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. Determination as to the cause of claim

A. According to the purport of Gap evidence Nos. 1 and 2 and the entire pleadings, the court below acknowledged that the plaintiff paid KRW 30,000,000 to the defendant on March 2, 2015 (hereinafter “the instant money”). On the same day, the defendant prepared a loan certificate stating that “30,000,000 won shall be borrowed and the date of repayment shall be March 9, 2015” (hereinafter “the instant loan certificate”).

B. The plaintiff asserts that the funds in this case are borrowed money, while the defendant asserts that the above funds are investments in the defendant's business of distributing famous goods.

C. 1) In a case where the authenticity of a dispositive document is recognized, the existence of a juristic act that forms the content of the document must be recognized unless there are any special circumstances to the contrary, clear and acceptable, as to the existence of the expression of intent expressed in the document (see, e.g., Supreme Court Decision 89Meu16505, Mar. 23, 1990). 2) In light of the relevant legal principles as seen earlier, it clearly states that the Defendant borrowed KRW 30,000,00 from the Plaintiff on the loan certificate of this case, which is the disposal document, as recognized earlier. The evidence submitted by the Defendant and the testimony of the witness C alone are insufficient to recognize that the amount of this case has the nature of investment differently from the content of the expression of intent indicated in the above loan certificate, and there is no other evidence to acknowledge it differently. Accordingly, the Defendant’s assertion is without merit, and the amount of this case is ultimately a loan as stated in the loan certificate.

3. Therefore, according to the above facts of recognition, the defendant's above 30,000,000 won for the above loan and 15% per annum as stipulated under the Civil Act from March 10, 2015 to December 14, 2015, the delivery date of a copy of the complaint in this case, which is the day following the above payment date, and 15% per annum as stipulated under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.