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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 2, 2012, the Plaintiff, known to neighbors, lent KRW 54,800,000,000 in total, including KRW 10,000,000 on August 2, 2012, KRW 30,000 on January 21, 2014, KRW 28,800 on May 28, 2014, and KRW 10,000 on July 28, 2014, to C.
(hereinafter “instant loan”). (b)
C On December 21, 2014, the Plaintiff entered the loan amount of KRW 55,00,000 in total and promised to borrow the loan in two copies per month until December 21, 2015. The obligee: the Plaintiff, the obligor C, and the secondary obligor: (a) prepare a loan certificate stating “the Defendant” (hereinafter referred to as “the loan certificate”) and affix the C’s seal; and (b) affix the Defendant’s seal impression.
On February 4, 2015, C issued the certificate of the personal seal impression of C himself and the Defendant’s certificate of the personal seal impression issued by C on behalf of C to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 4, Gap evidence 2, Gap evidence 5-1, 2, and 3, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1 Plaintiff requested the Defendant’s mother C to provide a joint and several surety by lending money several times, and C intended to place the Defendant, who is an son, as a joint and several surety, entered the Defendant in the loan certificate as a secondary obligor, affixed the Defendant’s seal impression, and issued the Defendant’s seal impression to the Plaintiff.
① Since the Defendant delegated C with the authority to conclude a joint and several guarantee contract concerning the instant loan, it is obligated to pay KRW 55,000,000 as a joint and several surety for the instant loan and damages for delay calculated at the rate of 24% per annum therefor.
② Even if C did not have legitimate authority to act for the defendant, C entered into a joint and several guarantee contract on behalf of the defendant.
Even if the defendant delivers the defendant's seal imprint and seal imprint, and receives some of the loans to the defendant's account under the name of the defendant.