대여금
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
(b).
1. The plaintiff is seeking to pay the following money as the claim of this case.
① A claim of KRW 10,00,000 for a loan of December 19, 2007 (with respect to Defendant B, a primary debtor’s claim for the performance of the obligation as a principal debtor; with respect to Defendant C, a demand for the performance of the guaranteed obligation as a joint guarantor) ② A loan of KRW 10,00,000 for a loan of KRW 10,000 for the investment share of Defendant B at the time of the Dong business operation around December 20, 2007 (Defendant B’s claim against Defendant B), around March 2008, the court of first instance rejected the Plaintiff’s claim of KRW 10,000 for the refund of the investment refund due to the cancellation of the above business (Defendant B’s claim against Defendant B), and dismissed the part against the Defendant C, and ② The claim was dismissed, and ③ all claims were accepted.
On the other hand, only the plaintiff appealed the part of the claim against him, and the defendant B did not appeal the part of the claim against him. Thus, the part of the claim against the defendant B was separated and finalized.
Therefore, the subject of this court's adjudication is limited to ① the part of the claim against Defendant C and ② the claim.
2. (1) On December 19, 2007, the Plaintiff asserted that, among the claims, the part regarding Defendant C was liable to pay the Plaintiff KRW 10,000,000 and delay damages as the guarantor, the Plaintiff leased KRW 10,000 to Defendant B on December 28, 2008, and Defendant C guaranteed the above loan obligations of Defendant B on the same day. As the guarantor, Defendant C is jointly and severally liable to pay the Plaintiff KRW 10,00,000 and delay damages.
First, there is no dispute between the parties that the stamp image attached to the defendant C's name is based on the seal of the defendant C, which is stamped by the defendant C's name.
If the seal imprinted by his seal affixed on a document is affixed, the actual fact of the authenticity of the seal imprint, i.e., the act of affixing the seal, barring special circumstances, is presumed to be based on the will of the person who prepared the document, and the authenticity of the seal imprint is established.