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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. Defendant and D are the relationship in which the operation of a sled sales outlet located in Daegu-gun E (hereinafter “instant sled sales outlet”).
B. On December 4, 2014, D concluded a contract with the representative of G Co., Ltd. (hereinafter “G”) with the authority delegated by the Defendant to lease equipment necessary for the installation of a sledding room on behalf of the Defendant, and the Defendant’s lease of KRW 75,400,00 from G for the instant sled sales outlet (hereinafter “instant sled sales contract”).
D has guaranteed the defendant's obligation to G on the same day.
C. C (hereinafter “C”) established temporary materials at the instant sled sales outlet following the instant sledding lease contract.
[Ground of recognition] Facts without dispute, Gap evidence 5, Eul evidence 2, the purport of the whole pleadings
2. On December 6, 2014, the Defendant entered into a temporary re-lease agreement with C to supply temporary materials on the sledding of this case (hereinafter “instant temporary re-lease agreement”). On the same day, the Plaintiff jointly and severally guaranteed the Defendant’s obligation to rent KRW 25,00,000 and delay damages for the Defendant C.
On November 1, 2016, the Plaintiff performed the joint and several liability of KRW 30,500,000, such as rent, to C. The Defendant who is jointly exempted is obliged to pay the said money to C.
3. Determination on the cause of the claim
A. If the seal imprinted by his seal imprint affixed to the relevant legal principles, barring any special circumstance, the authenticity of the seal imprint is actually presumed to have been formed, that is, the act of affixing the seal is based on the will of the person who prepared the document. Once the authenticity of the seal is presumed, the authenticity of the entire document is presumed in accordance with Article 329 of the Civil Procedure Act, but such presumption is revealed to have been made by a person other than the person who prepared the document.