1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff operates a credit business registered under the trade name C, and the Defendant’s mother, as of December 17, 201, loaned KRW 30,000,000 to D on June 16, 2011, and KRW 15,000 on November 4, 2011, as of May 3, 2012, as of May 3, 2012, the interest rate was set at 36% per annum (39% per annum).

B. On July 29, 2013, the Plaintiff prepared a certificate of borrowing (hereinafter “certificate of borrowing of this case”) with regard to the obligation under paragraph (a) and the principal and interest of the obligation until 2012 as “38,50,000 won in principal, 3% in interest on January 28, 2014, and 39% in interest rate per annum on January 28, 2014,” and the above certificate of borrowing is written by the Defendant as joint and several sureties, and the Defendant’s seal impression is affixed thereon.

C. D On April 7, 2015, the Daejeon District Court 2014Hadan1786, 2014Hah, 1787, which became final and conclusive around that time after obtaining bankruptcy and immunity.

On April 2, 2014, the Plaintiff received 673,038 won as a mortgagee and appropriated the interest from the Daejeon District Court in the case of the voluntary auction of real estate E in order to support D’s real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-8-10, and the purport of the whole pleadings

2. Determination as to the claim

A. The plaintiff's assertion that the defendant argued that since the defendant's representative D affixed his seal impression to the joint guarantor column of the loan loan certificate of this case, the defendant has indicated his intention of guarantee, the defendant's representative D affixed his seal impression, the debt as a joint guarantor shall be performed, or D deceiving the plaintiff without the intention and ability to repay, and the defendant also participated in it and the joint guarantor is liable for damages as a joint tortfeasor.

B. As to whether the Defendant is jointly and severally liable for the joint and several liability, the Defendant’s seal is affixed to the joint and several liability column of the evidence No. 2, but the Defendant’s seal is affixed to the joint and several liability column of the evidence No. 2.