All of the plaintiff's claims are dismissed.

Litigation costs shall be borne by the plaintiff.

1. The summary of the Plaintiff’s assertion is as follows: (a) around April 2016, when entering into a real estate sales contract with the Plaintiff’s Plaintiff’s attached network D, Defendant C prepared a loan certificate (hereinafter “the instant loan certificate”); (b) around December 30, 2016, the said loan certificate is to be borrowed KRW 85 million with the maturity date specified as KRW 400,000,000 per month; and (c) to be immediately redeemed when the land E (hereinafter “the instant land”) in the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (hereinafter “the instant land”); and (d) Defendant B (A) as the primary debtor and Defendant C as the surety.

Since the death of D, the Plaintiff inherited the right based on the loan certificate of this case solely by the Plaintiff, and the land of this case was already sold to a third party and the due date for the repayment of the debt under the loan certificate of this case arrives, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 85 million and delay damages.

2. Determination

A. As to the claim against Defendant B, if the stamp image affixed on the document is reproduced by his seal, barring any special circumstance, the authenticity of the stamp image shall be presumed to have been formed, i.e., the act of affixing the seal is based on the will of the person who prepared the document. Once the authenticity of the stamp image is presumed, the authenticity of the document shall be presumed to have been established pursuant to Article 358 of the Civil Procedure Act. However, if it is proved that the act of affixing the seal was done by the person other than the person who prepared the document, the document presenter bears the burden of proving that the act of affixing the stamp image is based on the legitimate title delegated by the person who signed the document (see, e.g., Supreme Court Decision 2002Da69686, Apr. 8, 2003). Although there is no dispute between the Defendant B’s stamp image affixed on the loan certificate of this case and the purport of the entire statement in subparagraph 2 and subparagraph 1, the whole purport of oral proceedings can be revealed.