1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

1. Basic facts

A. On December 5, 2002, the Plaintiff prepared a cash custody certificate of KRW 20 million between C and C as interest rate of KRW 10,000 per annum, and lent KRW 20,000 to C without setting the due date for payment (hereinafter “the primary evidence of this case”). D provided joint and several sureties’s debt pursuant to the primary evidence of this case.

B. On March 5, 2003, the Plaintiff lent KRW 17 million to C with the loan amount of KRW 37 million (hereinafter “the loan amount in this case”) as the sum of the principal amount of KRW 20 million under the first loan certificate of this case (hereinafter “the loan amount”). The Plaintiff drafted a certificate of loan (hereinafter “the second loan certificate of this case”) stating the sum of the loan amount in this case and the amount in this case plus KRW 1,110,000 (=37 million x 10% per month x 10% per month x 3 months) as the loan principal and entered 48,100,000 won in the loan amount (hereinafter “the second loan certificate of this case”). Defendant, E, and D jointly and severally guaranteed the debt amount of KRW 3 under the second loan certificate of this case.

C. Meanwhile, while the interest rate and delay interest rate were blank at the time of the preparation of the second proof, the Plaintiff subsequently supplemented the interest rate by “10% per month” and “20% per annum,” respectively.

Of the second proof of this case, the date of preparation is indicated as “ March 5, 2003.”, the part of the due date, “ December 5, 2003.”, “A” part of the creditor, “10%”, “10%” in the part of the creditor, “20%”, and “20%” in the part of the delay rate.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 3, and 4 (including virtual numbers), testimony of witness F of the trial court, the purport of the whole pleadings

2. The parties' assertion;

A. Plaintiff 1) The Plaintiff and the Defendant agreed on December 5, 2003 at the time of the preparation of the second evidence of this case, and entered it. The Plaintiff delegated the right to supplement the blank rate of 10% per annum and 20% per annum from the Defendant, and subsequently supplemented it. 2) Accordingly, the Defendant agreed on March 6, 2003, which is the following day after the date of the preparation of the second evidence of this case, to December 5, 2003.