1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. The plaintiff asserts that since the plaintiff lent KRW 40 million to the defendant and C, the defendant is jointly and severally liable with C to pay the above KRW 40 million and delay damages to the plaintiff.

In light of the purport of the testimony and argument of the witness C at the trial, the defendant also signed and sealed the defendant in the debtor column of the above loan certificate No. 2 (the above loan certificate). However, since the defendant signed and sealed the amount, maturity, interest, creditor, etc. on blank loan certificate and delivered it to C, it is recognized that C prepared and delivered the above public loan certificate, the plaintiff claiming the authenticity of the above loan certificate must prove that C has legitimate authority to prepare the blank part of the above loan certificate (see, e.g., Supreme Court Decision 2001Da11406, Apr. 11, 2003). However, there is no other evidence to acknowledge it. Rather, according to the purport of the testimony and argument of witness C at the trial, the defendant's signature and sealed the above public loan certificate and delivered it to C. Thus, it is not necessary to acknowledge the plaintiff's right to use the blank part of the above loan certificate as evidence, and there is no other evidence to acknowledge the plaintiff's right to use the loan certificate as evidence, and there is no reason to acknowledge it.