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1. There is no joint and several liability of KRW 130,00,000 based on the Plaintiffs’ letter of payment dated May 22, 2013 against the Defendant.
Reasons
1. The parties' assertion
A. Since the father D's father of the plaintiffs forged a letter of payment (Evidence A 1 of the plaintiffs, there is no joint and several liability obligations of the plaintiffs against the defendant based on the above letter of payment.
B. Although it is recognized that the defendant A does not bear the joint and several liability based on the above payment note, the above payment note with respect to the plaintiff B was made effective, the plaintiff B's claim is without merit.
2. Determination
A. The key issue of the instant case is whether A’s evidence No. 1 (Incompetence) exists with respect to Plaintiff B, and thus, we examine it.
There is no dispute between the parties that the writing of the name, resident registration number, and address column of the plaintiff B, which is shown in No. 1, is written by the plaintiff B, and that the following stamp image of the plaintiff B's name is based on the seal of the plaintiff B.
However, according to witness D and E's testimony (part of witness E), it seems that there was no particular opinion about D's obligation to the defendant in the above certified judicial scrivener office around May 22, 2013, when the plaintiff B and F filed a complaint against D's employment fraud in order to resolve the case against D's employment fraud.
② In that place, Plaintiff B prepared a letter of payment stating the joint and several guarantee of D’s debt to E and F, and delivered it to E and F. However, D had Plaintiff B enter the amount without any explanation from the above certified judicial scrivener office, the obligee, and the due date for repayment into each public column, and Plaintiff B entered his name, resident registration number, and address in the form of payment note with each public column. Plaintiff B entered the name, resident registration number, and address at D’s request. ④ After D’s residence, D supplemented the amount column of the above payment note in its residence as “F million won,” “C,” “as of September 30, 2013,” and “C,” respectively, and affixed the seal of Plaintiff B kept in his residence at his own discretion.