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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
C in a de facto marital relationship with the Defendant stated to the Plaintiff on July 2014, 201 that “A shall pay KRW 45 million to the Plaintiff within one month if the Plaintiff lent KRW 30 million necessary for purchasing the real estate.” On July 9, 2014, the Plaintiff transferred the interest and the due date set as above and lent KRW 30 million to C.
However, C did not pay the principal as well as the interest during the above period of repayment, and around April 2015, C prepared a loan certificate (hereinafter “the loan certificate of this case”) with the following contents written retroactively to the Plaintiff.
The borrowed amount of KRW 45,00,000 is collected in return for the promise to borrow the above amount on a fixed basis and to repay it on a fixed date by June 30, 2015. On January 23, 2015, the Defendant’s stamp image is affixed on the column for the guarantor of the C (C’s address and resident registration number are printed) guarantor B (the Defendant’s resident registration number is printed) and the guarantor of the instant borrowed amount, and C issued a certificate to the Plaintiff with the previous seal affixed.
C on October 10, 2016, prior to the date of the closing of the instant argument, on the ground that the Plaintiff’s refusal to receive was the deposited person, and deposited KRW 30 million at this Court No. 9517, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3, Eul evidence No. 11, and the plaintiff's main ground for claim as to the whole purport of the argument (the assertion as to the liability of joint guarantor) was well known from the beginning of the above monetary loan contract, and the loan certificate of this case written by the defendant as the guarantor was also prepared based on the defendant's intent. Thus, as a joint and several surety of the defendant, the defendant is liable to pay to the plaintiff the remaining KRW 15 million after deducting the above KRW 30 million deposited by Eul from the above KRW 45 million and delay damages.
Article 1 (Apparent Representation) The primary cause of claim, even if it is alleged, C, with the Defendant’s seal on the loan certificate of this case.