1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff’s name is indicated in the column of joint and several sureties in a loan transaction agreement (Evidence A) stating that “the Plaintiff lends 7,000,000 won to C”, and the Plaintiff’s seal impression is affixed next thereto.

B. Meanwhile, at the time of the preparation of the above loan transaction agreement, C issued the Defendant’s certificate of personal seal impression and the Defendant’s certificate of personal seal impression issued by his agent to the Plaintiff, and the Plaintiff stated “joint guarantor” in the Defendant’s certificate

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The assertion and judgment

A. The plaintiff's assertion (1) The defendant is the plaintiff's 1-A via C at the time of the above loan transaction contract.

As stated in the paragraph, as the joint and several sureties stand his seal impression in the column of joint and several sureties, and as such, C’s joint and several sureties’s obligation under the above loan transaction contract, the Defendant is liable to pay the guaranteed debt to

(2) The defendant did not agree to the joint and several guarantee of C's obligations under the above loan transaction contract through the defendant C, and thus, he cannot respond to the plaintiff's request.

B. If, barring any special circumstance, the authenticity of the seal imprinted on the document of judgment is actually presumed to have been created, i.e., the act of affixing the seal is based on the will of the person who prepared the document. On the other hand, when the authenticity of the seal imprint is presumed, the authenticity of the document is presumed to have been created pursuant to Article 358 of the Civil Procedure Act, but the presumption that the act of affixing the seal is based on the will of the person who prepared the document is actually presumed. Thus, it is revealed that the person who disputes the authenticity of the seal imprints proves that the act of affixing the seal is based on the will of the person who prepared the document, or that the above act of affixing the seal is made by a person other than the person who prepared the document.