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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On February 10, 2013, the Plaintiff’s assertion C drafted, with the Defendant’s delegation or permission, a letter of payment written in D, “20,000,000, and the Defendant who is a debtor C and a joint and several surety,” respectively, and on June 5, 2015, a letter of payment written in D as “30,000,000,000, and the debtor, the Defendant, and the joint and several surety C” respectively.
D On December 29, 2016, the Plaintiff transferred each of the above claims against D to the Defendant, and notified the Defendant of the assignment of claims at that time.
Therefore, the Defendant is obligated to pay the Plaintiff KRW 50,00,000,000, totaling the principal obligation on the loan as of February 10, 2013 and the principal obligation on the loan as of June 5, 2015, and delay damages.
2. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 5 (including each serial number) and witness D's testimony and pleading as to the cause of the claim, D borrowed KRW 50,000 from the plaintiff on March 20, 2016, and D borrowed KRW 50,000 from the plaintiff on December 29, 2016, and D entered into a contract with the defendant on February 10, 2013 for joint and several surety loan claim Nos. 20,000,000, and KRW 30,000,000,000 as of June 5, 2015, and notified the defendant of the assignment of the above fact on the same day, and the notification of the assignment can be recognized as the defendant's resident registration certificate No. 30,000,000,000, KRW 30,0000,000 as the debtor and the defendant who is a joint and several surety.
However, in full view of the above evidence and the purport of the entire pleadings, the following circumstances are revealed.
The letters written in the letter of payment dated February 10, 2013 and the letter written in the letter of payment dated June 5, 2015 are not written by the defendant.
(The plaintiff asserts that the plaintiff was written by C, not the defendant). At the time, each of the above payment notes did not have the defendant's seal affixed, and the defendant's seal was affixed.