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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The Plaintiff operated C, which is a health assistive food distributor, and D is a sales employee of C’s business division, and the Defendant is a father of D.
B. On September 14, 2009, the Plaintiff lent KRW 12 million to D. On September 21, 2009, D borrowed KRW 12 million to the Plaintiff on September 21, 2009, on the condition that D borrowed KRW 12 million from the product sales pay by dividing the monthly amount from the product sales pay by the monthly amount.
C. Meanwhile, on September 21, 2009, the Defendant prepared a joint and several financial guarantee certificate of September 21, 2009 (hereinafter “joint and several guarantee certificate of this case”) under the name of the Defendant stating that “the Defendant shall be held liable for any cash and material damage to the company in the course of performing his duties as a sincere person D” (hereinafter “the joint and several guarantee certificate of this case”).
[Ground of Recognition] Unstrifed Facts, Gap 1 and 2 Evidence, and the joint and several surety of this case are as follows 2
B. (1) Determination as to the authenticity of the petition under paragraph (1) (including each number), the purport of the entire argument
2. The parties' assertion and judgment
A. The Plaintiff’s assertion 1) The Defendant jointly and severally guaranteed the Plaintiff’s loan obligation of KRW 12 million against the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the above KRW 12 million and damages for delay. The Defendant’s assertion 2) The Defendant did not have affixed the instant joint and several surety, and the authenticity is not recognized, and there was no fact that the Defendant jointly and severally guaranteed the Defendant’s loan obligation against the Plaintiff.
B. 1) Determination 1) In the event that the stamp image affixed on the document of the joint and several sureties (No. 2-1) of this case is withdrawn by his seal, barring any special circumstance, it is actually presumed that the authenticity of the stamp image is created, i.e., the act of affixing the seal, based on the will of the person who signed the document, barring any special circumstance.