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.

1. Basic facts

A. The defendant completed the report of divorce on September 6, 2007 between C and C.

B. The Plaintiff holds a letter of payment (hereinafter “instant letter of payment”) as indicated below.

In the name of payment note B: on October 10, 2006, I swear that in relation to the amount which was not paid during the course of transaction with A, the following shall be observed:

(b) A on September 10, 2006: B (A) joint and several sureties

C. C had made money transactions with the Plaintiff several times from August 2006 to November 2006 by using the Defendant’s passbook D.

【Ground of recognition】 The fact that there is no dispute, Gap evidence 1, Eul evidence 1 and 5, the purport of the whole pleadings and arguments

2. The parties' assertion

A. On September 10, 2006, the Plaintiff asserted that the Plaintiff lent KRW 9 million to C, and received the instant payment note from C.

At that time, the defendant had the intent to jointly and severally guarantee the above loan debt that the husband of the case would have to bear to the plaintiff. On August 31, 2006, the defendant issued a certificate of the personal seal impression to C, and granted the right of representation to C, and made the defendant affix his personal seal impression affixed to the defendant's name next to the defendant's name on the letter of payment in this case.

Therefore, the defendant is jointly and severally liable to pay the plaintiff the above loan amount of nine million won and damages for delay.

B. The defendant's assertion C has stolen the defendant's identification card, seal imprint, etc. around early 2005, and the letter of payment in this case was arbitrarily prepared by C without the defendant's delegation, using the defendant's seal imprint, etc.

3. If, barring any special circumstance, the authenticity of the seal imprinted by the holder’s seal affixed to the judgment document is reproduced by his/her seal, the authenticity of the seal imprint shall be presumed, barring any special circumstance. Once the authenticity of the seal imprint is presumed, the authenticity of the document shall be presumed to have been established pursuant to Article 358 of the Civil Procedure Act.