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1. Of the judgment of the court of first instance, the part against the Plaintiff regarding the amount of payment ordered below.
Reasons
1. Summary of grounds for appeal;
A. The Defendant, directly or on behalf of the Defendant, jointly and severally guaranteed the obligation under the loan certificate of this case against the Plaintiff.
B. The defendant had B operate a car page in the name of the defendant, and delivered passbooks, certificate of seal impression, and identification card under the name of the defendant. The defendant granted to B a comprehensive power of representation for the operation and necessary financing of the "E" located on the first floor of Gwangju Dong-gu D, and there is reasonable ground to believe that B has the authority to conclude the joint and several surety contract on behalf of the defendant.
C. The Defendant issued a certificate of personal seal impression to implement the notarial procedure of the instant loan loan loan certificate and delivered it to the Plaintiff via B.
In addition, the Defendant did not raise any objection to the notification of the preparation of a notarial deed on the instant loan loan certificate and the notification of the provisional attachment order on the F of Gwangju-dong, Dong-gu, 170 square meters owned by the Defendant. Therefore, the Defendant ratified the obligation under the instant loan certificate.
2. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of
3. Determination
A. The plaintiff asserts that, directly or on behalf of the defendant, the defendant jointly and severally guaranteed the obligation under the loan certificate of this case against the plaintiff.
However, among the evidence No. 1, the part concerning the defendant's title in the defendant's document No. 1 is written and sealed, as seen earlier, and the evidence submitted by the plaintiff alone is insufficient to recognize that the plaintiff had the authority to write his name and affix his seal to B. Thus, it cannot be used as evidence, and the evidence submitted by the plaintiff alone cannot be used as a evidence, and the defendant directly expressed his intent to stand a joint and several surety against the plaintiff or the defendant.