1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 2, 2015, the Defendant’s mother C testified testified to the Plaintiff that “The primary debtor C and the Defendant’s Witness C, indicated the loan certificate No. 1 in this court, and the Defendant’s witness C tried to enter the Defendant as the Defendant, who is the largest child of the guarantor. The Defendant’s resident registration number indicated in the loan certificate in this case is the Defendant, and the attached certificate of personal seal impression is also the Defendant, it appears that the Plaintiff and C have prepared a loan certificate with the Defendant as the surety. The loan certificate (hereinafter “the loan certificate in this case”) with the content of “40,030,000 won and the maturity date as of June 20, 2015.”

B. The guarantor for the above loan certificate is affixed with the defendant's seal imprint, and the defendant's seal imprint is attached thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, witness C's testimony, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion has been placed with the defendant's personal seal impression for 13 years, and since the defendant's mother's certificate was entrusted with the defendant's personal seal impression for 13 years, there was a right to authorize C to guarantee the defendant's obligation on behalf of the defendant, and even if not, the plaintiff has justifiable grounds to believe that C has the right to act on behalf of the defendant, such as the defendant's mother and holding the defendant's personal seal impression. Thus, the defendant is obligated to pay 40,030,000 as stated in the loan certificate of this case under a contract of guarantee under the right to act on behalf of the defendant or under Article 126 of the Civil Code and delay damages.

B. First of all, as to the allegation on the 1st right representation, as to whether C has the power to enter into a guarantee agreement for the obligation of the Defendant under the name of the Defendant, the Minister of Health and Welfare, and C affix the Defendant’s seal impression on the loan certificate of this case, and thereafter the Defendant’s seal impression is attached thereto.