1. The plaintiff's claim is dismissed.

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

Basic Facts

On April 17, 2007, the Plaintiff set the due date for repayment of KRW 20 million (hereinafter “the primary rent in this case”) to C, the mother of the Defendant, as of December 2009; ② on August 28, 2007, the due date for repayment of KRW 30 million (hereinafter “the second rent in this case”) was determined as of June 6, 2008; ③ on July 28, 2009, the repayment period was set as of KRW 30 million as of May 30, 2010, respectively.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2 through 4 (Provided, That the part in the defendant's name is excluded from evidence Nos. 2 and 3), and the interest of the first and second bills in this case asserted by the plaintiff as a whole for the purport of the whole pleadings is 24% per annum, and the defendant has jointly and severally guaranteed the plaintiff's obligation of the first and second bills in this case.

Therefore, the defendant is obligated to pay to the plaintiff KRW 50 million and delay damages.

Judgment

A. As to whether the Defendant jointly and severally guaranteed the Defendant’s debt Nos. 1 and 2 of this case against the Plaintiff, it is merely a document prepared by the Plaintiff and thus it is difficult to believe the content thereof.

Next, there is no evidence to acknowledge that the name of the defendant as stated in the evidence Nos. 2 (Forth, No. 1-2) and No. 3 (forth, No. 1-3) was prepared by the defendant, and instead, considering the whole purport of the arguments as a result of the appraiser D's written appraisal, the name of the defendant mentioned in the above each of the above loan certificates can be acknowledged as different facts from the written evidence of the defendant.

Furthermore, in full view of the testimony of the witness C, it may be recognized that the defendant's seal affixed next to the defendant's name of each of the above loan certificates has been affixed with the seal of the defendant. However, according to the above evidence, the above seal of the defendant can be recognized that the third party's seal is affixed not to the seal of the defendant but to the seal of the defendant. The third party's seal is affixed from the defendant.