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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On November 2017, the Plaintiff’s father C invested KRW 40 million in relation to the game room business operated by D, which is the Defendant’s husband.
B. On February 2, 2018, the Defendant indicated the name, resident registration number, and address of the Defendant in blank (hereinafter “the loan certificate in this case”) and delivered the Defendant’s seal to the Plaintiff’s father C with the seal affixed thereon, among the loan certificates in which the amount, maturity, interest, etc. are in blank (hereinafter “the loan certificate in this case”). The said C additionally stated the following: “The amount of the loan in this case was KRW 50 million, due date for payment, KRW 30 million, May 30, 2018, interest rate of KRW 2%, interest payment method, August 8, 200, and Plaintiff Return.”
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The Plaintiff’s assertion that the Plaintiff: (a) around November 2017, the Plaintiff’s father C invested KRW 40 million in the name of purchasing a game machine to D, who is the Defendant’s husband; (b) provided that the said D shall not return the said investment amount of KRW 10 million if it is no longer lent; and (c) provided the instant loan certificate on February 8, 2018; and (d) written the instant loan certificate. Accordingly, the Defendant is liable to pay the Plaintiff the loan amount of KRW 50 million based on the instant loan certificate and damages for delay.
In order to borrow 50 million won from the Plaintiff’s father C, the Defendant stated the name, resident registration number, and address of the Defendant in the borrower’s column among the loan certificates in blank and affixed the Defendant’s seal. However, the Defendant asserted that C did not lend 50 million won to the Plaintiff’s father C at his own discretion, and that C brought the instant lawsuit following his arbitrary supplement of the amount, maturity, interest, etc. out of the loan certificates.
3. In case where it is deemed that the seal imprint affixed to the document of judgment is affixed with the seal affixed to the seal affixed to the person under whose name the document is written, the authenticity of the seal imprint shall be formed and document thereof, unless there are special circumstances to the contrary;