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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. D is an internal director of a stock company C (hereinafter “foreign company”), and the defendant is a spouse of D and is registered as an auditor in the register of the non-party company.
B. D, on April 15, 2015, as the representative of the non-party company, drafted a certificate of borrowing that “the non-party company borrowed only 19,000 million won from the Plaintiff and repaid the principal by December 31, 2015, and pays interest at 18% per annum on the interest rate shall be paid at 15% per annum (hereinafter “the instant certificate of borrowing”).
On the bottom of the instant loan certificate, “Surety” is indicated as “B (Defendant)” and the Defendant’s seal imprint is affixed thereon.
C. On May 17, 2019, the Defendant filed a complaint with D on the purport that D forged and exercised the guarantor’s part among the instant loan certificates, and D was convicted of the facts constituting the crime of forging the private document and uttering the falsified document as follows.
(C) The Defendant, at the time of the Plaintiff’s request for the guarantor, failed to pay the principal amount to KRW 190,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000)
1. On April 15, 2015, the Defendant forged a copy of the loan certificate in the name of the Defendant, which is a private document related to rights and obligations, by affixing the Defendant’s seal imprint affixed to the Defendant’s name, at the bottom of the loan certificate that “the Nonparty Company borrowed KRW 190 million from the Plaintiff,” prepared by using a computer in advance for the purpose of exercising the right at the Nonparty Company’s office.”
2. The Defendant’s uttering of a falsified document is the date and time indicated in the foregoing paragraph (1).