The plaintiff's claim is dismissed.

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

1. Basic facts

A. From Dec. 2, 2016 to Oct. 2, 2017, a total of KRW 36 million was transferred from the Plaintiff’s account to the Defendant’s husband’s account in the name of C, the Defendant’s husband.

B. On December 7, 2017, C sent to the Plaintiff’s representative director D a letter of non-performance (No. 2, hereinafter “instant letter of non-performance”) of the following contents, by registered mail, to the Plaintiff’s representative director D, and the Defendant’s seal imprint is affixed to the Defendant’s name, the preparing name.

On the other hand, C did not attach the defendant's certificate of seal impression subsequent to the failure of the above rejection.

He/she shall pay 35 million won borrowed by C by December 30, 2017, in writing stating that he/she will accept any legal measure if he/she is unable to comply with his/her promise. On December 5, 2017, he/she shall return to the Seoul E Apartment F Co., Ltd. (based on recognition), the fact that he/she has no dispute, and that he/she shall return to the Seoul E Apartment F Co., Ltd. (based on recognition), and the statement in Gap Nos. 1 and 2.

2. Determination as to the cause of action

A. 1) The parties' assertion 1) The defendant delegated C with the intent to repay the above loan debt to the plaintiff, with the right to prepare the letter of non-performance of this case, and accordingly C attached the seal of the defendant in the letter of non-performance of this case and delivered it to the plaintiff. As such, the defendant is obligated to pay the plaintiff the above loan amount of KRW 35 million on the letter of non-performance of this case and the delay damages therefor. 2) The defendant's letter of non-performance of this case is prepared voluntarily by C, and there was no fact that the defendant delegated C with the right to prepare the letter of non-performance of this case. Thus, the plaintiff's claim cannot be complied with.

B. If the seal imprinted with the signature affixed to the document of judgment is affixed by the signature affixed to the signature, barring any special circumstance, the authenticity of the seal imprint shall be presumed to have been created, that is, the act of affixing the seal is based on the will of the person who prepared the document, and once the authenticity of the seal is presumed to have been created, the entire document shall