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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Judgment as to the primary cause of claim
A. The gist of the Plaintiff’s assertion was that the Plaintiff lent money to C several times, and the sum of the principal and interest on the loan up to July 27, 2016 was settled as KRW 440 million.
C On the same day, on September 23, 2016, the loan certificate (No. 1-1) in the amount of KRW 140 million (the repayment period: KRW 60 million on September 23, 2016) and KRW 140 million on the loan certificate (the certificate No. 1-1), and KRW 100 million on the loan certificate (the repayment period: KRW 70 million on December 23, 2016), and KRW 70 million on the loan certificate (the repayment period: January 10, 2017), the loan certificate (the repayment period: KRW 60 million on September 23, 2016), and KRW 160 million on the loan certificate (the repayment period: June 5, 2017), respectively, the Defendant signed and sealed each of the above loans with the signature and seal affixed on the loan certificate No. 3 (the joint and several debt certificate of KRW 30 million on June 23, 2017).
Therefore, the defendant is jointly and severally liable with C to pay the plaintiff a total of KRW 440 million and delay damages for each of the loans in this case.
B. Determination 1) The joint and several surety column of the evidence Nos. 1-3 (each of the instant loan certificates) indicated the Defendant’s address, resident registration number, and name, and there is no dispute between the parties that the stamp image after the Defendant’s name is based on the Defendant’s seal. However, in light of the following circumstances, the joint and several surety column of each of the instant loan certificates can be acknowledged as having been prepared by C who is the Defendant’s wife. Thus, unless there is any evidence to prove that C had the authority to prepare the above joint and several surety column on behalf of the Defendant, the above evidence No. 1-3 cannot be used as evidence, unless it is proved that there is any evidence to prove that the joint and several surety column of each of the loan certificates of this case was written by C, and the column of each of the above loan certificates of this case was written by the court (this court 2017hap370 agreed deposit claim) and the column of the joint and several surety column of the loan certificate of this case.