1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of recognition;

A. On June 29, 2009, the Defendant, who was the husband of the Plaintiff, lent KRW 50 million to C, but the time for repayment of the loan amount was notified by the Defendant one to two months prior to the date of repayment, and the Plaintiff loaned KRW 50 million to C upon receiving a monetary loan contract (hereinafter “instant contract”) stating that “The Defendant shall jointly and severally guarantee the obligation of the above loan.” At the time of the preparation of the instant contract, the Plaintiff was not at the site, and C arbitrarily entered the Plaintiff’s personal information in the joint and several surety column of the instant contract without the Plaintiff’s permission, and affixed the Plaintiff’s seal.

B. On May 29, 2012, the Defendant received a payment order (hereinafter “instant payment order”) stating that “C and the Plaintiff jointly and severally pay to the Defendant KRW 50 million and damages for delay calculated at the rate of 20% per annum from the day after the original copy of the payment order was served to the day of complete payment,” based on the instant contract, the Defendant filed a payment order with C and the Plaintiff as Seoul Southern District Court 201Du8613, Jul. 23, 2012. The original copy of the instant payment order was served on the Plaintiff on July 23, 2012, but the Plaintiff did not raise any objection, which became final and conclusive on August 7, 2012.

C. Meanwhile, on the other hand, C was charged with the charge of forging private documents and uttering of a falsified document on October 7, 2014, on the grounds that he arbitrarily stated the Plaintiff’s personal information and affixed the Plaintiff’s seal on the joint and several guarantee column of the instant contract without the Plaintiff’s permission, and on October 7, 2014, issued a summary order of KRW 2 million (Seoul Southern District Court 2014 High Court 2013427). The said summary order became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 2, 3, and 10, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's summary of the plaintiff's assertion did not have a joint and several guarantee for C's above loan obligation as stated in the contract of this case, and C.