A. On November 29, 2013, the Plaintiff asserted that the Plaintiff lent KRW 50 million to Defendant C by setting the interest rate of KRW 25% per annum, the 10th day of each month, the due date for payment of interest, and January 10, 2015. On December 10, 2013, Defendant D and E provided joint and several sureties with respect to the above lending. Since the Defendants paid only interest from the lending to April 10, 2015 to the Plaintiff, the Defendants are jointly and severally liable to pay the amount indicated in paragraph (1) to the Plaintiff.

B. (1) In full view of the overall purport of the pleadings as to the claim against Defendant C, the Plaintiff’s statement in the evidence Nos. 1 and 3 as to the claim against Defendant C was prepared with interest rate of KRW 50 million per annum on December 10, 2013 under Defendant D and E’s joint and several sureties, interest payment period of KRW 25 million per annum, interest payment period of KRW 10 million per month, and payment period of January 10, 2015, and the fact that Defendant C’s seal imprint affixed on the debtor column of the above loan certificate can be recognized.

As to this, the above defendant asserts that the above loan certificate was forged by Defendant E, which had been in custody of his own seal imprint.

In a case where it is recognized that the seal affixed to a document is the seal affixed to it by the seal affixed to the name holder, barring special circumstances, the act of affixing the seal shall be presumed to have been carried out on the basis of the will of the name holder, and once the authenticity of the document is presumed to have been achieved pursuant to Article 358 of the Civil Procedure Act, the person who asserts that the document is forged shall prove that the above seal has been affixed against the will of the name holder (see, e.g., Supreme Court Decision 2001Da72029, Feb. 5, 2002). As long as the authenticity of the document is recognized, the court has expressed his/her intent in accordance with the language stated in the document, unless there is any reflective evidence that can deny the contents of the document.