A. On April 2018, the Plaintiff entered into a commodity supply contract with C, which provides that the Plaintiff shall supply textile products to C, and C shall pay the Plaintiff the price as of the end of each month, and if delay in the payment of the price, the Plaintiff shall pay damages for delay calculated at the rate of 15% per annum (hereinafter “instant contract”).

B. As of January 16, 2019, C’s debt amount to the Plaintiff based on the instant contract is KRW 240,447,313.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The parties' assertion

A. On August 21, 2018, the Defendant jointly and severally guaranteed the Defendant’s debt owed to the Plaintiff on the instant contract. As such, the Defendant shall pay damages for delay calculated at the rate of 15% per annum, which is the agreed interest rate, from November 1, 2018, from the date following the last payment date, to the date of complete payment.

B. The defendant did not have a joint and several guarantee concerning the contract of this case.

3. Determination

A. In a case where it is recognized that the seal affixed to a document presumption of the authenticity of a joint and several sureties is the seal affixed to the document indicating the authenticity of the joint and several sureties, the establishment of the seal imprint shall be presumed to have been made based on the intention of the person who prepared the document, barring special circumstances. On the other hand, if the authenticity of the seal is presumed to have been made, the authenticity of the document shall be presumed to have been made in accordance with Article 329 of the Civil Procedure Act. Therefore, the person who asserts that the document

(See Supreme Court Decision 2001Da72029 delivered on February 5, 2002. Regarding the instant case, there is no dispute between the parties that the following stamp image of the Defendant’s name, which is the health unit and the evidence No. 2 (joint and several guarantee certificate; hereinafter “instant joint and several guarantee certificate”), is based on the seal of the Defendant, and thus, the stamp image is based on the Defendant’s will.