대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On October 30, 2015, there is no dispute that the Plaintiff lent KRW 60 million to C Co., Ltd. on April 30, 2016 and at the rate of 2% per month (the 30th day of each month of payment).
The plaintiff asserts that the defendant jointly and severally guaranteed the above loan of C Co., Ltd., and sought payment of the loan principal of KRW 60 million and delayed interest damages.
Of the loan certificates (No. 1-1), the defendant's name is written in the column for joint and several sureties, and there is no dispute over the fact that the defendant's seal imprint is affixed to that side, but the defendant asserts that the defendant's seal imprint is affixed to D without permission. ① The plaintiff extended money to D, the defendant was not present at that time, ② the defendant alleged that there was no satisfy, ② the plaintiff was submitted with the certificate of personal seal impression (No. 1-2) at that time, ③ the plaintiff argued that he was submitted with the certificate of personal seal impression under the name of the defendant at that time. These circumstances refer to the fact that the name of the defendant was affixed by a third party. In full view of the fact that the date of issuance of the certificate of personal seal imprint is "4 months or more prior to that of the date of issuance of the certificate of personal seal imprint," the defendant's seal imprint affixed to the loan certificate is affixed without permission.
Ultimately, as long as the Plaintiff did not prove that D affixed a seal based on the legitimate title delegated by the Defendant, the part in the column for joint and several sureties among the loan certificates referred to in Supreme Court Decision 88Meu6815 Decided April 25, 1989 cannot be used as evidence, and there is no other evidence to acknowledge the fact of joint and several sureties by the Defendant, the Plaintiff’s claim is without merit.