대여금
1. The Defendant shall jointly and severally with C to the Plaintiff KRW 42,00,000 per annum from May 16, 2009 to September 1, 2014.
1. Basic facts
A. On May 15, 2006, when the Plaintiff lent money to the Defendant’s wife C, paid a successful bid amount to C and paid a successful bid amount to C, the Plaintiff was obligated to settle the loan or accounts up to KRW 42 million between C and C, and the loan certificate was drawn up and issued by C from May 15, 2006 to May 15, 2009 (hereinafter “the loan certificate of this case”).
B. The loan certificate of this case is signed and sealed by the defendant as joint and several sureties.
C. C is an missing person at present by leaving home.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion
A. The plaintiff asserts that since the defendant signed and sealed the loan certificate in this case as joint and several sureties and the plaintiff confirmed the contents stated in the loan certificate, the defendant is liable to pay 42 million won as joint and several sureties to the plaintiff as stated in the loan certificate in this case.
B. The defendant asserts that there is no knowledge about the monetary transaction between the plaintiff and C, nor there is no sign or seal on the loan certificate in this case as a joint guarantor, or there is no indication that the plaintiff would be joint and several sureties's obligation.
3. The authenticity of the entire document is presumed to be established since there is no dispute between the parties as to the Defendant’s seal affixed on the column for joint and several sureties of the loan certificate in this case. Although the Defendant asserts that the seal affixed on the loan certificate in this case was stolen by C, it is not sufficient to recognize it solely on the ground of the court’s written appraisal, and there is no other evidence to acknowledge it) and the overall purport of pleadings in the testimony of the witness D, the Defendant affixes his seal imprint on the column for joint and several sureties of the loan certificate in this case, and thereafter, at the restaurant operated temporarily by C, C’s seal affixed to the Plaintiff.