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1. The defendant shall pay 30 million won to the plaintiff and 15% per annum from August 16, 2016 to the day of complete payment.
Reasons
1. On February 28, 2015, Nonparty C prepared a loan certificate (a certificate No. 1; hereinafter “the loan certificate of this case”) stating that “I will pay KRW 30 million to the Plaintiff, and if I will not pay the loan amount, I will be a joint and several surety to the guarantor B (the Defendant). If I will be unable to pay, I will be able to pay the loan amount.” If I will be able to do so, I will be able to pay the loan amount. I will be able to pay the loan amount.” The Defendant stated the name and resident registration number as the guarantor in the loan certificate of this case and signed it.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1, testimony of witness C, purport of whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay the loan amount of KRW 30 million to the plaintiff, except in special circumstances.
B. The defendant's assertion 1) The defendant, at the request of her husband C, written his name and resident registration number in blank, and written his name and signature in blank, and at the request of her husband C voluntarily supplemented the remaining contents. 2) The document is presumed to be authentic when she or her agent's signature and affixes his/her seal or affixes his/her seal on the private document (Article 358 of the Civil Procedure Act). In cases where it is acknowledged that the originator of the private document voluntarily affixed his/her signature and affix his/her seal on the private document, i.e., where the formation of the document is recognized, the authenticity of the document is presumed to be established unless there are other special circumstances, such as the reversal of such presumption by counter-proof. If the authenticity of the document is recognized, the document can be presumed to have signed and sealed by her agent at the time of completion of the entire document, and the fact that only the document was first signed when the whole or part of the document was completed is deemed to belong to this case.