1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a person who runs a wholesale business and wholesale business with the trade name of “E”, and “B” is a person who retired while serving as an employee of “F” who is a customer of the said paint, and the Defendant is a person who married on May 22, 2008 but married on February 9, 2018.

B. After the Plaintiff retired from F, the Plaintiff received a proposal from B to “to deposit the price, except for the fee, if he/she delivers the paint to a certain place,” and at the request of B, supplied KRW 137,353,200 in total from March 2017 to October 20 of the same year.

C. The Plaintiff received the total amount of KRW 62,479,600 from April 2017 to October 201 of the same year with respect to the above paint supply, and received KRW 2 million from B on November 3, 2017.

On September 30, 2017, the Plaintiff and the Defendant jointly and severally with the Defendant to pay KRW 35 million (hereinafter “instant debt”) on October 31, 2017, the date of repayment, and issued a certificate of borrowing (Evidence 3, hereinafter “instant loan certificate”) with a view to setting the rate of overdue interest at 25% per annum.

The loan certificate of this case is written by the defendant, who is the spouse B, as jointly and severally liable, and the defendant's seal is affixed next to the defendant's name.

On the other hand, the Plaintiff received the instant loan certificate from B and received the Defendant’s certificate of personal seal impression together.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, and 8, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff 1 had the duty to repay the debt of this case, which was jointly and severally liable by the defendant, since the defendant granted the right to representation as to the conclusion of the joint and several debt under the loan certificate of this case to B, and even if the defendant did not have the above right to representation to B, the defendant issued a certificate of personal seal impression to B at the request of the defendant.