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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted as a credit service provider and engaged in money transactions with C several times, which operated the beauty art room.
C and the Defendant, who was her husband, jointly and severally (written a letter of rejection, promissory note, and power of attorney for notarial acts together) borrowed KRW 20,000,000 from the Plaintiff on February 21, 2012 in the form of number of days (a total of KRW 22,40,000,000 including interest), and borrowed KRW 10,000,000 on March 17, 2013.
C and the defendant have paid only KRW 6,720,00 in total for 120 days. The defendant is jointly and severally liable with C to pay the remaining loans to the plaintiff KRW 25,680,000 and delay damages.
2. Determination
A. According to the purport of Gap evidence No. 1 and the oral argument, the plaintiff was found to have received a certificate of personal seal impression issued by C as of October 1, 2007, and the defendant himself as of August 30, 2007, and according to the result of the written appraisal by the court of the first instance, it is recognized that the plaintiff's signature and seal is affixed to the defendant's letter of payment, the letter of delegation and promissory note (Evidence No. 1) submitted by the plaintiff as evidence for each of the above loans (hereinafter "the above letter of payment"), the above letter of delegation, the above letter of delegation, and the above promissory note (hereinafter "the Promissory note of this case"), and the bill of this case were sent to the defendant's personal information, loan amount, interest period, interest rate, overdue interest rate, the letter of delegation and promissory note of this case, the face value of each of the above loans, and the bill of this case's face value and each of the bill of this case's signature and seal affixed to C and C 2015.5.1.