2. The costs of lawsuit shall be borne by the Plaintiff.

On December 13, 2010, the Plaintiff issued and lent KRW 49 million to the Defendant in cash (hereinafter “instant loan”) and sought the return of the loan against the Defendant.

Judgment

First of all, as shown in the plaintiff's argument, the evidence Nos. 1-2(a)(a)(a)(a)(a)(a)(a)(a)(a)(a)(a)(a)(a)(a)(a(a)(a)(a)(a)(a

Although there is no dispute between the parties that the stamp image next to the defendant's name stated at the bottom of the 1 and 2 document is based on the defendant's seal, in light of the following circumstances, it is reasonable to deem that C, which is the defendant's husband, has affixed the above seal, and as to whether C has the right to affix the above seal, it is insufficient to recognize it solely on the basis of each of the descriptions as prescribed in subparagraphs 1-2 and 4, and there is no evidence to acknowledge it otherwise, the documents Nos. 1 and 2 shall not be admitted as evidence.

On May 2, 2017, the Defendant filed a lawsuit against D, who is the Plaintiff’s spouse, seeking the cancellation of the right to collateral security. At that appellate court (Seoul Eastern District Court 2018Na26200), D asserted and submitted as evidence the instant loan claim as the secured claim of the right to collateral security, and accordingly, the first and second documents were examined as a key issue as to the establishment of the authenticity of the first and second documents, and accordingly, C cannot be recognized as having the right to affix the seal of the Defendant in the documents first and second documents on the ground that it cannot be deemed that C had the right to affix the seal of the Defendant. The judgment was pronounced on June 5, 2019, and the final judgment became final and conclusive at that time as the final appeal was dismissed.

(hereinafter referred to as the “instant lawsuit.” The Plaintiff, on December 28, 2010, owned by the Defendant, is about 52 square meters in Gwangjin-gu, Seoul for the purpose of securing the instant loan claims.