The defendant shall calculate 120,00,000 won to the plaintiff and 24% per annum from February 13, 2019 to the day of full payment.

1. Facts of recognition;

A. On February 12, 2019, the Plaintiff lent KRW 120 million to the Defendant’s husband C, but the due date is until April 19, 2019, and the Plaintiff was paid KRW 20 million as interest accrued up to that time.

B. The Plaintiff transferred KRW 120 million to the Defendant’s account on the same day.

(c)

On the other hand, regarding the above loan, the letter of loan that "the defendant borrowed KRW 160 million from the plaintiff on February 12, 2019, and the maturity date shall be April 19, 2019" (No. 1, hereinafter "the certificate of loan of this case") was written, and the defendant's seal was affixed.

[Ground of recognition] Unsatisfy, D’s testimony, Gap evidence No. 2, and the purport of the whole arguments

2. The parties' assertion

A. The Defendant prepared and awarded the instant loan certificate to the Plaintiff with the intent to jointly and severally guarantee C’s obligation to borrow KRW 120 million, and the amount of the loan certificate was the amount that includes interest.

The defendant is obligated to pay to the plaintiff the borrowed amount of KRW 120 million and the delayed damages.

B. The Defendant did not borrow money from the Plaintiff or jointly and severally guaranteed the Plaintiff’s obligation to borrow money.

The plaintiff borrowed money to D, and D lent money to D, and C only prepares the letter of loan of this case by stealing the defendant's seal.

3. Determination

A. If the authenticity of the seal imprinted on a private document is withdrawn by his/her seal, barring special circumstances, it is presumed that the act of affixing the seal is based on the will of the preparing person. On the other hand, if the authenticity of the seal is presumed to be established, the authenticity of the entire document is presumed to be established in accordance with Article 358 of the Civil Procedure Act, but the presumption that the act of affixing the seal is based on the will of the preparing person is de facto presumed. Thus, the person who disputes the authenticity of the seal imprints to the authenticity of the seal imprints shall prepare the seal imprints with counter-proofs.