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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 1, 2013, the Plaintiff paid KRW 50,000,00 to C, and received a note from C to pay KRW 65,340,000 from December 16, 2014 on the same day. The Plaintiff stated the Defendant’s name, address, and resident registration number in the column for the guarantor of each of the above notes, and stated that it appears that it is a signature.
B. The Plaintiff is a person who received KRW 8,400,000 from C.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination as to the cause of action
A. 1) The plaintiff's assertion 1) The plaintiff's assertion C sent the guidance money to the defendant who is the wife, and the plaintiff delivered the guidance money of this case to the defendant, and since the defendant written his name in the statement of this case, the defendant is obligated to pay the plaintiff as the guarantor the remaining 56,940,000 won after deducting the amount of KRW 8,40,000 which the plaintiff received from the above amount of KRW 65,340,000. 2) The defendant's argument that the defendant did not have signed the letter of the guidance of this case, and C prepared the letter of the guidance of this case by forging his name.
B. Therefore, with respect to whether a guarantee contract between the Plaintiff and the Defendant regarding the obligation of the above fraternity C was established pursuant to the letter of credit guarantee, there is no evidence to acknowledge it, and instead, considering the purport of the entire pleadings in the letter of credit guarantee certificate No. 1, it appears that both C and the Defendant, the principal debtor of the instant letter of credit guarantee, and the Defendant, the principal debtor of the instant letter of credit guarantee, appear to have been written by the same person, and the Defendant arbitrarily drafted the part of the guarantor of the instant letter of credit guarantee, and he stated that he was unable to enter the Plaintiff in the creditor’s list at the time of filing a personal rehabilitation application in 2015.