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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 asserted that on February 15, 2006, the plaintiff lent 25,000,000 won to the non-party C on the due date on April 15, 2007. The plaintiff asserted that C had jointly and severally guaranteed the above loan obligation on behalf of the defendant who was the husband, and sought payment of the above loan to the defendant who is the joint and several surety.
In this regard, the defendant did not have a joint and several guarantee as alleged by the plaintiff, and C did not know the reason why the defendant had a seal imprint certificate and a seal imprint certificate.
2. If, barring any special circumstance, the authenticity of the seal imprinted by the name holder on which the seal is affixed, is actually presumed to have been created, i.e., the act of affixing the seal based on the will of the name holder, barring any special circumstance, and once the authenticity of the seal is presumed to have been created, the authenticity of the entire document is presumed to have been created. However, such presumption is broken if it is revealed that the act of affixing the seal was done by a person other than the name holder, and thus, the person submitting the document is liable to prove that the act of affixing the seal was based on a legitimate title
In this case, C, as a joint and several surety of a loan certificate (Evidence A), stating the fact that C borrowed KRW 25,000,000 from the Plaintiff, is a joint and several surety of the loan certificate (Evidence A), the name of the Defendant is stated and the seal imprint of the Defendant is affixed to C, not the Defendant himself, but the parties concerned.
Therefore, in light of the above legal principles, the plaintiff who is the person who submitted the above loan certificate (Evidence A 1) is responsible for proving that the act of signing and sealing C is based on the legitimate title delegated by the defendant who is the title holder.
The defendant's name is stated in the joint and several surety column of the above loan certificate (Evidence A No. 1) on February 15, 2006 and the defendant's name is stated in the statement Nos. 1 and 2.