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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 is that the defendant is liable to pay the remainder of KRW 70,000,000,000, excluding the amount partially repaid, as well as delay damages, since he/she jointly and severally guaranteed the debt of KRW 100,000,00 to the plaintiff of March 13, 2014, as C's denial.
2. Determination
A. If the stamp image of the person in whose name the document was affixed is affixed, barring any special circumstance, it shall be presumed that the authenticity of the stamp image is created, i.e., the act of affixing the seal is based on the will of the person in whose name the document was prepared, and once the authenticity of the stamp image is presumed, the authenticity of the entire document shall be presumed. However, if it is proved that the act of affixing the seal was done by a person other than the person in whose name the document was prepared, the person in whose name the document was affixed, is liable to prove the fact that the act of affixing the
(See Supreme Court Decision 2009Da37831 Decided September 24, 2009, etc.). B.
Although the seal affixed by the defendant's name and the seal affixed by C, other than the defendant, was displayed by the defendant's seal in the joint and several sureties of No. 1 (the seal affixed), the fact that the above seal was affixed by C is not a dispute between the parties or can be recognized by the witness C's testimony.
Thus, the plaintiff must prove that C had a legitimate authority to act for the defendant at the time of the preparation of the above evidence No. 1, and as a result of the order to submit financial transaction information to D with respect to Gap's 2 through 6 and this court's order to submit financial transaction information, it is not sufficient to recognize this by itself, and there is no other evidence to prove this otherwise.
C. Therefore, evidence No. 1 (Evidence) cannot be used as evidence because there is no evidence to prove the authenticity of the said evidence, and there is no other evidence to prove the above plaintiff's assertion.