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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that on March 30, 2014, the Plaintiff leased KRW 25,00,000 to Nonparty C with interest rate of KRW 25,00,000 per annum, and on March 30, 2015. After that, C had obtained the Defendant’s signature and seal affixed to the column of joint and several sureties (Evidence A) joint and several sureties upon requesting the extension of the above period of repayment. In so doing, the Plaintiff sought against the Defendant for payment of KRW 25,00,000 and interest or delay damages thereon.
In this regard, the defendant did not have any joint and several sureties as alleged by the plaintiff, and C did not claim that the seal of the defendant is affixed to the above loan certificate (No. 1).
2. If, barring any special circumstance, the authenticity of the seal imprinted by the name holder on which the seal is affixed, is actually presumed to have been created, i.e., the act of affixing the seal based on the will of the name holder, barring any special circumstance, and once the authenticity of the seal is presumed to have been created, the authenticity of the entire document is presumed to have been created. However, such presumption is broken if it is revealed that the act of affixing the seal was done by a person other than the name holder, and thus, the person submitting the document is liable to prove that the act of affixing the seal was based on a legitimate title
(See Supreme Court Decision 2002Da69686 Decided April 8, 2003). In the instant case, “C borrowed KRW 25,00,000 from the Plaintiff on March 30, 2014,” the Defendant’s name is indicated in the joint and several surety column of the loan certificate (Evidence A 1) and the Defendant’s seal is affixed and sealed, and C is not the Defendant himself but the parties concerned.
Therefore, in light of the above legal principles, the plaintiff as the person who submitted the above loan certificate (Evidence A 1) is responsible for proving that the act of signing and sealing C was based on the legitimate title delegated by the defendant, who is the name of preparation, and it is recognized that C was granted the right of representation for the above joint and several guarantee by the defendant.