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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's assertion
A. On January 13, 2016, the Plaintiff, the Defendant, C Co., Ltd. (hereinafter “C”), and D, etc.: (a) leased KRW 700,00,000 to C during the lending period from January 13, 2016 to March 31, 2016; and (b) respectively, written an agreement with the Defendant and D to guarantee the Plaintiff’s obligation of the above borrowed money (hereinafter “instant loan agreement”); and (c) written the loan agreement with the Defendant and D to guarantee the Plaintiff’s obligation of the said borrowed money (hereinafter “the instant loan agreement”); and (d) C did not repay the Plaintiff the said KRW 700,000,000 to the present date; and therefore, the Defendant, as a joint and several surety for the above borrowed money, is liable to pay the Plaintiff KRW 700,000,000 and delay damages therefrom.
B. Even if the seal of the defendant joint representative E and F affixed to the instant agreement and the loan certificate, even if the seal of D was affixed, the defendant had D affix the seal of the defendant joint representative E and F, or expressed his intent to grant the right of representation on the agreement and loan certificate of this case. The plaintiff believed that he had the right to represent the defendant to represent the defendant. Thus, the defendant is jointly and severally liable to the plaintiff pursuant to Article 395 of the Commercial Act or Articles 11, 14, 15, and 48 of the Commercial Act, and Article 125 of the Civil Act.
2. Determination
A. 1) Whether joint and several liability under the instant agreement and the loan loan certificate is established, the Plaintiff submitted as evidence the evidence of the above argument Gap evidence Nos. 2 (Agreement) and Gap evidence Nos. 4 (Loan Nos. 4) to each letter, and the Defendant denies or a site the authenticity of the above letter, and this is first examined. 2) If the signature Nos. 2 (Agreement) is printed out by his seal, unless there are special circumstances, it is presumed that the act of signing and sealing is based on the will of the person under whose name the document is written, and once the authenticity of the seal is presumed to be established.