1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff borrowed money over several occasions to the Defendant’s son and received four borrowed receipts from C (hereinafter “each of the instant loan certificates”), each of the instant loan certificates includes the Defendant’s name, address, and resident registration number as a joint guarantor, and the Defendant’s name is sealed.

B. C operated a restaurant under the Defendant’s name with a business registration certificate, and traded with the Plaintiff using an account in the Defendant’s name.

C. C received a summary order for the crime of forging each of the instant loan certificates and exercising a forged loan certificate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-4 (excluding part in the defendant's name), 2-2, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. The plaintiff's assertion

A. The defendant is obligated to pay the principal and interest as a joint and several surety for C's debt to the plaintiff.

B. The Defendant had C operate a restaurant using the business registration certificate under the name of the Defendant, used the Defendant’s account, and was actually involved in the operation of the restaurant. The Plaintiff thought the Defendant as the actual proprietor and lent money to C, so the Defendant bears the responsibility of the nominal lender under Article 24 of the Commercial Act.

3. Determination

A. According to the judgment on the assertion of joint and several sureties, and the purport of Gap evidence No. 1-1-4 and the whole arguments, it is recognized that the defendant's name is stated in the column of joint and several sureties of each loan of this case and the seal of "B" is affixed.

However, according to the purport of Gap evidence No. 3 and the whole argument, Eul, the defendant's arched name without the defendant's consent, thereby entering the defendant's personal information in the column of joint and several sureties of each of the loan certificates of this case and affixing a seal of "B" to prevent the seal of "B", and thereby C is a crime of forging private document and uttering.