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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.
Reasons
1. On December 9, 2003, the Plaintiff’s summary of the Plaintiff’s assertion: (a) agreed and lent 18% per annum to the Defendants on December 9, 2003; (b) 20% per annum to the overdue interest rate; and (c) on December 28, 2004 to the Plaintiff, the Defendants are jointly and severally liable to pay the loan amount of KRW 45,000,000 to the Plaintiff and the agreed interest or overdue interest thereon.
In addition, Defendant C borrowed KRW 45,00,000 from the Plaintiff. At the time, Defendant C was entitled to act on behalf of Defendant B, who was the husband of Defendant B with respect to the daily family affairs, and thus, the Defendants are liable for the repayment of the above loan.
In addition, Defendant C, as above, borrowed KRW 45,00,00 from the Plaintiff and arbitrarily prepared a certificate of borrowed money in the name of Defendant B and delivered it to the Plaintiff. Thus, Defendant C, at his own discretion, asserts that the obligation to return the borrowed money is borne by the unauthorized Agent.
2. First of all, as to the authenticity of the Plaintiff’s evidence Nos. 1 (the certificate for rent, the certificate for borrower’s name and address are written on the Defendant B’s name, and the Defendant B’s stamp image is displayed on the side of the name entry, and Defendant C’s stamp image is not withdrawn on the joint guarantor column, and Defendant C’s stamp image is not withdrawn; hereinafter “the certificate for rent”). However, as seen above, Defendant B’s stamp image is recognized by Defendant B, rather than Defendant B’s stamp seal is affixed, since Defendant C’s former husband used the Defendant’s stamp to use the Defendant’s stamp, there is no dispute between the parties, or in light of the facts indicated in No. 17, No. 6, and the purport of the entire argument or pleading, the following facts can be known to the court of first instance.